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Cincinnati  Bar  Association 

1872-1922 
FIFTIETH  ANNIVERSARY 


Digitized  by  tine  Internet  Arciiive 

in  2007  witii  funding  from 

IVIicrosoft  Corporation 


littp://www.archive.org/details/cincinnatibarassOOcinciala 


ALPHONSO  TAFT 

President  of  the  Cincinnati  Bar  Association 

1872 


PROVINCE  M.  POGUE 

President  of  the  Cincinnati  Bar  Association 

1922 


CINCINNATI  BAR  ASSOCIATION 

1872  - 1922 


CELEBRATION  OF 


Fiftieth  Anniversary 

AT 

HOTEL  GIBSON 

WEDNESDAY,  APRIL  NINETEENTH 
NINETEEN  TWENTY-TWO 


THE  PRESIDENT 

PROVINCE  M.  POGUE 

PRESIDING 


*« 


CINCINNATI 

PUBLISHED  BY  THE  ASSOCIATION 

1922 


\Svv 


OFFICERS  OF  THE  ASSOCIATION 
1872 

President 
ALPHONSO  TAFT 


Vice-Presidents 

RUFUS  KING  GEORGE  HOADLY 

JOHN  W.  HERRON  GEORGE  R.  SAGE 

THOMAS  fi.  PAXTON 


Recording  Secretary 
ISRAEL  LUDLOW 


Corresponding  Secretary 
S.  DANA  HORTON 


Treasurer 
LEWIS  E.  MILLS 


OFFICERS  OF  THE  ASSOCIATION 
1922 

President 
PROVINCE  M.  POGUE 


Vice-Presidents 
FRANK  F.  DINSMORE  JOHN  R.  SCHINDEL 

ALFRED  G.  ALLEN  ANTHONY  B.  DUNLAP 

ROBERT  A.  TAFT 


Recording  Secretary 
OLIVER  G.  BAILEY 


Corresponding  Secretary 
WILLIAM  A.  EGGERS 


Trea^irer 
PHILIP  HINKLE 


STANDING  COMMITTEES 
1922 

Executive  Committee 
OSCAR  STOEHR,  Chairman  BEN  L.  HEIDINGSFELD 

FRANK  W.  COTTLE  BEN  B.  NELSON 

DENNIS  J.  RYAN 

Committee  on  Investigation 
ALFRED  MACK,  Chairman  JOHN  V.  CAMPBELL 

MORISON  R.  WAITE  CARL  LEHMANN 

HARRY  B.  MACKOY 

Committee  on  Grievances 
BURTON  B.  TUTTLE,  Chairman  WILLIAM  A.  GEOGHEGAN 
WALTER  M.  SHOHL  FRANK  R.  GUSWEILER 

NATHANIEL  H.  MAXWELL 

Committee  on  the  Judiciary  and  on  Legal  Reform 
RUFUS  B.  SMITH,  Chairmxin  CARL  M.  JACOBS 

HARRY  M.  HOFFHEIMER  CHARLES  H.  STEPHENS,  Jr. 

WALTER  A.  SCHMITT 

Committee  on  Membership 
JAMES  G.  STEWART,  Chairman    HOWARD  N.  RAGLAND 
CHARLES  S.  BELL  GEORGE  A.  DORNETTE 

ADOLPH  S.  GRUBER 

Committee  on  Celebration  of  the  Fiftieth  Anniversary  of  the  Founding 

of  the  Cincinnati  Bar  Association 
SIMEON  M.  JOHNSON,  Chairman  CHARLES  T.  GREVE 
MORRIS  L.  BUCHWALTER  BEN  L.  HEIDINGSFELD 

CARL  M.  JACOBS,  Jr.  OSCAR  STOEHR 

Committee  Appointed  Under  Resolution  of  January  17,  1922,  as  to 

Recommendations  in  Regard  to  Jiidicial  Office 
BURTON  B.  TUTTLE,  Chairman  W.  A.  GEOHEGAN 
MURRAY  SEASONGOOD 

Committee  of  Six  on  Qualifications  of  Candidates  for  Judicial  Office 

as  per  Resolution  of  January  17,  1922 
JOEL  CLORE  FRANK  H.  KUNKEL 

ALFRED  B.  BENEDICT  WALTER  M.  SHOHL 

GEORGE  E.  MILLS  BEN.  B.  NELSON 


MENU 


CRAB  FLAKE  COCKTAIL 

CELERY  SALTED  NUTS  OLIVES 

POTAGE  MINESTRA  MILANAISE 

CHEESE  STRAWS 


GRILLED  BREAST  OF  CAPON  ON  TOAST 

NEW  POTATOES  BROWNED  IN  BUTTER 
CROUSTADE  OP  FRESH  VEGETABLES 


HEARTS  OF  LETTUCE 

EGG  DRESSING 


MOUSSES  OF  FRESH  STRAWBERRIES 

EASTER  CAKES 


CAFE  NOIR 

CIDER         NATURAL  CIGARETTES       PERFECTOS 


SPEAKERS 


HON.  CORDENIO  A.  SEVERANCE 
President  American  Bar  Association 


HON.  CURTIS  E.  McBRIDE 
President  Ohio  State  Bar  Association 


HON.  JAMES  G.  JOHNSON 
Justice  of  the  Supreme  Court  of  Ohio 


HON.  PAUL  HOWLAND  HON.  EDWARD  COLSTON 

HON.  JUDSON  HARMON  HON.  CHARLES  B.  WILBY 

HON.  MORRIS  L.  BUCHWALTER 


ADDRESS  OF 
PRESIDENT  POGUE 

Before  the  formal  meeting  of  the  Bar  Association  begins,  I 
wish  to  direct  your  attention  to  the  fact  that  since  our  last 
meeting  in  January  we  have  lost  one  of  the  ablest  members  of 
our  bar,  one  of  the  most  courageous  public  officials,  and  one  of 
the  most  lovable  of  men — a  predecessor  in  office  and  President 
of  the  Cincinnati  Bar  Association.  I,  therefore,  ask  that  the 
members  of  this  Bar  arise  and  stand  in  respectful  reverence 
on  account  of  the  death  of  John  Galvin.  (All  members  arose 
and  remained  standing  for  a  few  minutes.) 

We  will  now  proceed  to  the  order  of  business  of  the  meeting. 
I  hope  the  reports  of  the  Committees  will  be  short.  There  is 
much  to  be  taken  care  of  this  evening;  we  are  going  to  hear  from 
our  fifty-year  members,  and  I  trust  there  will  not  be  a  single 
person  leave  this  room  until  we  have  heard  of  or  from  every 
one  of  them.  I  know  that  all  the  members  of  the  Bar  present 
appreciate  what  is  proper  on  this  occasion. 

The  first  in  the  order  of  business  is  the  reading  of  the  minutes. 
(Upon  motion  duly  made,  seconded  and  carried,  the  reading  of 
the  minutes  was  dispensed  with.) 

Here  followed  the  reports  of  the  various  committees. 

President  Pogue — Is  there  anything  else  to  be  introduced 
under  the  subject  of  miscellaneous  business? 

Mr.  Allen  {Alfred G.) — There  Hes  tonight  at  Christ  Hospital, 
in  this  city,  a  former  Judge  of  our  Common  Pleas  Court,  a  mem- 
ber of  this  Bar  Association,  Honorable  Moses  Wilson;  he  is  very 
ill  and  helpless,  and  I  would  like  to  make  a  motion  that  we 
extend  to  him  our  felicitations  on  the  meeting  of  the  Associa- 
tion on  its  fiftieth  anniversary,  and  let  him  know  that  we  still 
remember  him. 

Mr.  0'  Hara — I  second  that  motion. 


10  Fiftieth  Anniversary 

President  Pogue — I  might  add  that  Judge  Wilson  was  a 
former  President  of  this  Association.  (The  motion  was  put 
and  unanimously  carried.) 

President  Pogue — If  there  is  nothing  else  under  the  subject  of 
miscellaneous  business,  we  will  now  proceed  to  the  real  order  of 
business  of  this  meeting. 

A  little  over  fifty  years  ago  there  was  organized  in  this  city 
the  Cincinnati  Bar  Association.  The  original  record  is  in  the 
possession  of  the  secretary  of  this  Association.  It  will  be  a  pleas- 
ure to  every  member  present,  to  take  the  time,  as  a  matter  of 
interest,  to  look  at  the  names  on  the  original  roster.  When  I 
view  them,  and  see  the  types  of  men  that  started  in  to  ac- 
complish what  I  feel  this  Bar  has  always  maintained,  the  high- 
est position  in  the  profession  in  the  United  States,  we  can 
readily  see  why  its  foundation  was  so  important,  and  why  we 
have  been  so  remarkably  influenced  by  the  type  of  men  who 
founded  that  organization. 

Out  of  in  the  neighborhood  of  one  hundred  members,  as  nearly 
as  I  can  find  from  the  records,  who  constituted  that  organization 
in  the  first  year  of  its  existence,  there  are  living  today  nineteen 
members.  The  oldest  is  Mr.  E.  P.  Bradstreet,  nearly  ninety- 
three  years  of  age.  He  is  present  with  us  tonight  (applause). 
Mr.  Bradstreet,  I  would  like  for  you  to  stand. 

(Mr.  Bradstreet  arises.)     (Applause.) 

I  want  the  younger  members  of  this  Bar,  like  Governor 
Harmon  (laughter)  and  Robert  Fulton,  to  know  that  at  the  last 
term  of  court,  Mr.  Bradstreet  tried  a  case  in  Judge  Caldwell's 
room.  From  what  the  Judge  tells  me  the  opposing  counsel  had 
no  chance,  for  as  soon  as  they  looked  at  Mr.  Bradstreet  the  jury 
concluded  that  whatever  was  right  or  wrong  in  the  case  Brad- 
street had  to  win,  and  so  he  won.     (Laughter  and  applause.) 

I  wish  to  direct  your  attention  to  the  fact  that  of  the  original 
roster  of  nineteen,  ten  are  present  here  tonight.  (Applause.) 
Perhaps  some  of  the  younger  members  of  this  Bar  do  not  know 
all  of  these  men,  and  I  would,  therefore,  like  to  have  them  arise 
as  I  call  their  names.  Four  of  those  men  are  at  this  table, 
sitting  right  in  front  of  you.     They  are  Governor  Harmon 


Cincinnati  Bar  Associaiion  11 

(applause),  Judge  Buch waiter  (applause),  Charles  B.  Wilby 
(applause),  and  Edward  Colston  (applause).  The  others  are 
E.  P.  Bradstreet,  Judge  Clement  L.  Bates,  Charles  H.  Stephens, 
Sr.,  W.  C.  Cochran,  Robert  Fulton,  and  W.  H.  Mackoy,  seated 
at  a  table  in  front  of  the  speakers  of  the  evening.     (Applause.) 

In  the  formation  of  this  organization  the  principle,  which 
was  predominant  in  its  foundation,  was  embodied  in  this  clause 
of  the  Constitution: 

"The  objects  of  the  Association  are,  to  maintain  the  honor  and 
dignity  of  the  Profession  of  the  Law,  to  cultivate  social  intercourse 
and  acquaintance  among  the  members  of  the  bar,  and  to  increase 
their  usefulness  in  aiding  the  administration  of  justice  and  in 
promoting  legal  reform.  But  it  shall  not  be  a  part  of  the  business 
of  the  Association  to  discuss,  or  to  take  action  upon  questions 
of  politics  or  of  religion." 

If  any  one  will  read  the  minutes  through  from  that  time  to 
this,  he  will  find  that  the  provisions  of  that  part  of  the  Constitu- 
tion have  been  fought  over  as  many  times  as  the  Volstead  Act. 
(Laughter.)  Still,  they  upheld  things  in  those  days  that  the 
Volstead  Act  prohibits. 

At  one  of  the  early  sessions  of  this  Association  there  was  a 
very  bitter  debate  between  George  Hoadly  on  one  side  and 
Rufus  King  and  Mr.  Stanbery  on  the  other,  as  to  whether 
they  should  have  anything  of  an  intoxicating  nature  to  drink 
at  meetings  of  the  Association,  and  I  might  say  that  the 
spirit  of  Mr.  King  prevailed  and  the  wets  carried  it. 

Now,  we  come  to  the  consideration  of  the  main  part  of  our 
program,  to  listen  to  those  who  have  very  kindly  consented  to 
address  us  on  this  anniversary.  I  am  not  going  to  attempt  to 
introduce  them  with  any  formal  speech,  because,  with  the 
exception  of  two  or  three,  they  are  residents  of  our  city,  and  well 
known  to  you. 

The  one  who  is  first  on  the  list  of  speakers  tonight  has  not 
been  able  to  be  here  on  account  of  illness.  I  have  this  wire 
from  him,  Mr.  Severance,  President  of  the  American  Bar 
Association,  which  I  would  like  to  read  to  the  Association: 


12  Fiftieth  Anniversary 

St.  Paul,  Minn.,  April  17,  1922. 
Province  M.  Pogue, 

First  National  Bank  Building,  Cincinnati,  Ohio. 
It  is  with  infinite  regret  that  I  am  compelled  to  wire  you  that 
I  cannot  be  in  Cincinnati  Wednesday  night,  having  been  ill  in 
bed  since  Saturday  morning,  and  being  prohibited  by  the  doctor 
from  attempting  to  get  out  in  time  to  reach  your  dinner.  This  is 
very  exasperating,  but  unavoidable.  Please  convey  to  the 
members  of  your  association  the  greetings  of  the  American  Bar 
Association,  which  I  had  expected  to  present  in  person.  The 
Cincinnati  Bar  has  contributed  to  the  nation  so  many  distinguished 
jurists  and  lawyers  that  the  mere  recital  of  their  names  would  be 
tedious.  The  exalted  positions  now  filled  by  members  of  your 
Association  demonstrate  that  the  present  generation  is  maintaining 
the  high  traditions  of  your  Bar.    Am  writing  you  more  fully. 

C.  A.  SEVERANCE. 

I  now  take  pleasure  in  introducing  to'those  who  have  not  had 
the  good  fortune  to  hear  him,  Honorable  Curtis  E.  McBride, 
President  of  the  Bar  Association  of  the  State  of  Ohio.  (Ap- 
plause.) 


Cincinnati  Bar  Association  13 


ADDRESS  OF 
HON.  CURTIS  E.  McBRIDE 

Mr.  President,  Ladies  and  Gentlemen  of  the  Cincinnati  Bar 
Association: 

It  is  a  pleasure  for  me  to  be  here  tonight,  and  I  bring  you 
the  hearty  greetings  and  fehcitations  of  the  Ohio  State  Bar 
Association  on  this,  your  most  auspicious  occasion. 

The  Cincinnati  Bar  Association,  as  has  been  said,  has  been 
composed  of  eminent  lawyers,  and  you  have  fulfilled  the  object 
of  your  Association.  These  associations  are  very  pleasant;  we 
get  together  and  they  sweeten  the  bitterness  and  the  hardships 
of  the  trial,  and  they  help  us  to  endure  and  sustain  us  in  the 
arduous  toil  of  the  profession. 

The  Bar  Association  of  the  State  of  Ohio,  and  the  local  Bar 
Associations  throughout  the  State,  are  doing  more  and  better 
work  at  the  present  time  than  they  have  ever  done  before 
throughout  the  State.  And  there  has  been  an  added  interest 
to  the  work  of  the  State  Association  that  has  been  largely  due 
to  the  splendid  work  done  by  the  Cincinnati  Bar  Association 
and  the  Cleveland  Bar  Association  in  the  northern  part  of  the 
State.  The  great  trouble  with  the  lawyers  heretofore  has  been 
that  they  have  been  a  good  deal  like  the  Irish;  the  Irish  fight 
everybody's  battles  but  their  own,  and  they  are  doing  that  now. 
Then  when  the  war  has  ceased  they  come  back  and  start  in  to 
fight  among  themselves.  And  that  is  what  we  have  done;  the 
lawyer  has  fought  everybody's  battles,  until  they  have  fought 
themselves  out  of  some  business  that  they  ought  not  to  have 
fought  themselves  out  of.  We  go  before  the  State  Legislature 
and  ask  for  some  legislation,  and  we  get  scant  consideration; 
heretofore  we  have  had  scant  consideration,  because  there  has 
been  no  united,  concerted  action  behind  us.  This  last  winter 
we  had  a  matter  up  before  the  legislature  that  passed  the 
House  by  a  very  large  vote,  and  it  was  unanimously  recom- 
mended by  the  Judiciary  Committee  of  the  Senate,  and  then  it 


14  Fiftieth  Anniversary 

fell  into  the  hands  of  what  is  known  as  the  Jitney  Committee. 
I  don't  know  what  that  is,  but  it  is  a  new  committee  originating 
up  there  lately,  and  there  it  stayed — we  couldn't  get  it  out,  and 
when  the  chairman  was  appealed  to  and  told  that  the  State 
Bar  Association  was  back  of  it,  he  wanted  to  know  who  the 
State  Bar  Association  was  anyway.     (Laughter.) 

Now,  every  profession  in  the  State  of  Ohio  is  organized. 
The  doctors  are  organized  to  about  ninety-seven  per  cent  of  their 
membership,  while  the  State  Association  of  the  lawyers  is  or- 
ganized to  about  thirty-seven  per  cent.  So  you  can  readily 
see  why  we  haven't  the  influence  in  the  State  Legislature  that 
we  ought  to  have;  but,  as  I  said  before,  there  is  a  better  feeling 
over  the  State  of  Ohio;  there  is  a  better  support  to  the  State 
Bar  Association. 

I  was  very  much  pleased  in  reading  Bryce's  new  book  on 
Modem  Democracies,  wherein  he  says  there  has  been  a  great 
advance  in  the  standing  both  of  the  bench  and  the  bar  through- 
out the  United  States  in  the  last  thirty-five  years,  and  then  he 
gives  his  reason.  He  said  it  is  due  to  the  activity  and  the  work 
of  the  State  and  the  local  bar  associations  throughout  the 
country.  So  you  see  we  have  a  great  work  to  do;  but  it  is  just 
beginning;  there  must  be  a  better  and  a  more  earnest  co-opera- 
tion throughout  the  State  of  Ohio,  and  among  the  lawyers  than 
there  has  been  heretofore. 

Now,  last  winter  there  was  some  legislation  introduced  with 
reference  to  the  incorporation  of  the  Bar.  Immediately  a  hue 
and  cry  went  up  from  the  lake  to  the  river,  that  the  lawyers 
had  some  iniquitous  scheme  before  the  legislature  that  ought  to 
be  killed.  The  newspapers  played  it  up  and  ridiculed  it,  and 
everybody  who  had  an  organization  of  their  own  was  against  it. 
It  was  a  good  deal  like  the  Irishman  who  landed  on  an  island, 
and  after  getting  the  salt  water  out  of  his  eyes,  he  asked  them 
what  kind  of  government  they  had,  and  was  told  none  at  all, 
and  he  said,  "Well,  I  am  'agin'  it."  So  every  organization  in 
the  State  of  Ohio  was  against  everything  that  the  lawyers 
wanted,  although  there  has  not  been  an  organization  in  the 
State  of  Ohio  but  what  has  asked  some  lawyer  at  some  time  to 


Cincinnati  Bar  Association  15 

aid  and  assist  them  before  the  legislature  in  getting  their 
measures  through. 

I  hope  to  see  that  measure,  or  some  measure  like  it,  enacted 
into  law;  whether  that  is  the  best  bill  or  not  I  am  not  here  to 
say,  but  it  is  a  start;  it  is  a  basis  for  discussion,  and  instead  of 
saying,  "Well,  I  am  opposed  to  that,  I  will  have  nothing  to  do 
with  it,"  we  ought  to  take  it  up  in  our  local  Bar  Associations 
and  our  State  Bar  Association,  and  work  out  something  which 
will  be  beneficial.  Let  us  regulate  our  own  profession,  and  not 
be  regulated  by  some  other  profession,  or  by  a  lot  of  people  who 
haven't  any  profession,  but  a  desire  to  regulate  other  people's 
business.  That  is  one  thing  that  I  hope  will  be  enacted  in  the 
near  future,  some  legislation  along  that  line;  but  as  I  say, 
whether  that  is  the  right  law  or  not,  I  don't  know,  and  I  don't 
pretend  to  say. 

Now,  great  interest  has  been  taken  recently  in  the  higher 
education  of  the  Bar;  the  State  was  represented  by  delegates 
at  the  conference  that  was  held  in  Washington  recently;  your 
Association  was  represented,  the  Cleveland  Bar  Association  was 
represented,  and  quite  a  few  of  the  local  Bar  Associations  in  this 
and  most  of  the  other  states  sent  representatives  to  Washington. 
There  was  a  great  interest  manifested  in  that  question  at  that 
conference;  and  it  is  a  great  problem.  Formerly  the  lawyer  in 
the  community  was  regarded  as  an  oracle,  he  was  looked  up  to, 
he  was  considered  a  leader  of  thought  in  the  community  where 
he  lived.  But  in  latter  years  we  have  lost  out;  today  the  lawyer 
does  not  occupy  the  place  that  he  did  twenty-five  or  thirty 
years  ago,  as  the  leader  of  thought  in  his  community.  This  loss 
of  prestige  is  largely  his  own  fault;  he  has  stood  silently  by  and 
permitted  people  to  cast  slurs  on  his  and  our  profession  without 
resenting  it,  he  has  permitted  himself  to  be  thrown  into  the 
background;  other  organizations,  other  societies  have  come  to 
the  front;  other  men  have  taken  the  place  of  the  lawyer  as  the 
leader  of  thought  in  the  community;  but  he  is  coming  back,  he 
is  resuming  his  place  more  and  more.  If  I  may  be  pardoned 
for  reference  to  my  own  Bar  Association — our  local  Bar  Asso- 
ciation up  there.  We  started  five  years  ago  and  we  held 
quarterly  meetings,  and  at  every  quarterly  meeting  we  have  a 


16  Fiftieth  Anniversary 

speaker  on  some  vital  subject,  and  we  have  invited  in  the 
public.  At  first  we  had  about  ten  or  twelve  outsiders  come  in 
out  of  mere  curiosity;  but  now  we  have  about  a  hundred  out- 
side people,  who  come  in  to  listen  to  our  discussions.  I  think 
the  lawyer  is,  to  a  large  extent,  regaining  his  station  as  the 
leader  of  thought  in  his  community.  And  then  we  decided  to 
hold  luncheons;  that  is,  we  would  meet  at  luncheon,  and  we 
held  them  twice  a  month.  When  we  started  out  with  those 
luncheons  it  was  most  difficult  for  two  lawyers  to  sit  down  in 
peace  together;  knives  and  hatchets  were  very  much  in  evidence. 
But  that  is  all  done  away  with.  We  try  our  cases  differently 
now;  we  can  now  sit  down  during  the  trial  of  the  case  and  try  it 
without  trying  the  lawyer.  This  has  all  been  brought  about  by 
our  social  amenities,  by  these  semi-monthly  luncheons  that  we 
hold.  At  first  we  started  out  with  only  a  few,  but  now  there 
isn't  a  single  member  of  the  Bar,  hardly,  but  what  attends  these 
luncheons,  and  is  glad  to  do  it.  So  through  that  we  have  cul- 
tivated a  feeling  of  good  fellowship,  and  the  lawyers  throughout 
the  State  are  doing  it. 

I  feel  that  the  lawyers  are  regaining  their  old-time  position. 

Now,  I  didn't  come  here  to  make  a  speech  tonight,  I  didn't 
expect  to  be  on  the  program;  I  came  down  here  simply  to  bring 
you  the  greetings  and  felicitations  of  the  State  Bar  Association, 
and  then  to  listen  to  my  distinguished  friends  who  are  to  follow 
me  on  the  program. 

Now,  we  talk  about  unrest  throughout  the  country.  We 
need  an  educated  bar  for  the  purpose  of  directing  correctly  the 
public  mind.  The  lawyer,  trained  in  his  profession,  is  the  one 
that  can  do  that;  he  is  a  creative  power  in  his  community  to  hurl 
back  the  waves  of  unrest,  to  aid  in  stopping  violations  of  law, 
to  bring  to  task  those  who  look  upon  lawlessness  with  too  much 
levity.  It  is  the  lawyer's  duty  to  stand  forefront  against 
anything  of  that  sort. 

We  all  have  read  history;  we  all  have  seen  in  the  old  democ- 
racies, when  the  bar  became  corrupt  and  degenerate,  and  when 
the  people  lost  confidence  in  the  judiciary,  they  went  upon  the 
rocks,  they  went  to  ruin.  But  I  have  no  such  fear  as  that  for 
this  country;  this  country  will  live,  this  country  will  prosper. 


Cincinnati  Bar  Association  17 

this  country  will  be  law-abiding,  so  long  as  we  have  a  pure  and 
independent  judiciary,  and  a  fearless  and  patriotic  bar.  I 
thank  you.     (Applause.) 

President  Pogue — As  I  have  said,  I  do  not  intend  to  make 
any  formal  speech  of  introduction  of  any  of  the  speakers  here 
tonight;  and  I  would  have  the  least,  if  any  cause,  to  make  a 
speech  of  introduction  of  our  guest  on  my  right.  Justice  of  the 
Supreme  Court  of  Ohio,  Honorable  James  G.  Johnson.  (Ap- 
plause.) 


18  Fiftieth  Anniversary 


ADDRESS  OF 
HON.  JAMES  G.JOHNSON 

Mr.  President  and  Gentlemen: 

A  judge  has  an  unusually  keen  delight  in  being  permitted 
to  meet  the  brethren  of  the  Bar  in  close  professional  communion, 
such  as  is  here  tonight. 

A  judge  of  the  Supreme  Court  does  not  have  the  opportunity 
to  frequently  mingle  with  lawyers.  There  seems  to  be  some- 
thing that  fixes  his  habits  on  him  and  withdraws  him  from  that 
freedom  of  action  that  others  have. 

An  occasion  like  this  compels  a  retrospective  view  of  the 
Association,  of  its  growth,  of  its  influence  in  the  community  and 
of  its  personnel.  A  half  century  of  existence  and  such  a  half 
century.  In  that  half  century  science  has  explored  and  ex- 
plained fields  formerly  unknown.  Government  has  concerned 
itself  with  the  development  of  our  natural  resources,  with  busi- 
ness and  with  the  entire  social  fabric. 

The  laws  of  nations  have  yielded  and  have  been  molded  to 
the  new  standards  that  have  risen  with  the  wondrous  changes 
which  have  come.  Statesmen,  thinkers  and  leaders  have  all 
been  influenced  in  their  conceptions  of  life  and  of  the  duty  of  the 
state  to  the  people.  I  am  inclined  to  think  that  statesmen 
have  much  less  influence  over  the  ultimate  progress  of  the  na- 
tions than  is  implied  by  their  imposing  figures  in  history. 
The  resistless  forces  of  progress  work  their  sure  result,  only 
slightly  influenced  by  particular  men. 

At  a  celebration  of  a  golden  anniversary,  each  one  has 
impressions  about  it  that  are  peculiar  to  himself. 

In  one  of  Browning's  poems  an  old  Italian  story  is  told  by 
twelve  different  persons,  each  in  his  own  way,  and  Browning's 
skill  was  so  great  and  his  genius  so  fine  that  the  stories  resemble 
each  other  only  as  different  people  look  alike,  or  as  the  same 
thing  is  seen  through  different  eyes. 


Cincinnati  Bar  Association  19 

Tonight  I  think  of  the  lawyers  of  this  Bar  of  whom  I  heard 
in  the  early  times.  All  through  this  section  there  is  tradition 
that  the  Bar  of  Hamilton  County,  from  the  very  first,  has  in- 
cluded in  its  membership  many  eminent  and  distinguished 
lawyers. 

I  remember  the  names  of  Salmon  P.  Chase,  George  E.  Pugh, 
Charles  Fox,  Bellamy  Storer,  Charles  Hammond,  Henry  Stan- 
berry,  Alphonso  Taft,  Stanley  Mathews,  George  Hoadly,  and 
the  long  list  of  eminent  men  that  adorned  the  Superior  Court 
of  Cincinnati,  and  gave  to  it  a  prominence  and  authority  that 
must  be  a  proud  and  pleasant  heritage  to  their  successors  and 
to  the  Bar  of  the  county. 

I  doubt  it  there  has  been  in  any  part  of  the  Union  a  Bar  of 
greater  men  as  lawyers  and  statesmen.  These  men  were  not 
mere  lawyers.  They  had  wide  and  varied  attainments.  They 
knew  the  organic  structure  and  practical  workings  of  a  great 
democracy  and  were  filled  with  the  spirit  of  liberty  and  free 
institutions.  They  were  strong,  self-reliant  men,  free  from  pre- 
judice and  narrow  provincial  views.  I  am  inclined  to  think 
that  the  lawyers  of  the  United  States  have  not  occupied  the 
positions  as  molders  of  pubhc  thought  and  instruction  in  the 
last  generation  that  they  ought  to  have  occupied.  They  have 
not  followed  in  the  footsteps  of  the  fathers  as  they  ought  to 
have  done. 

In  the  first  century  of  our  history  it  was  from  the  lawyers  of 
the  country  that  the  people  received  their  knowledge  and 
instruction  with  reference  to  the  institutions  we  have  built  up 
in  America,  and  as  to  what  this  thing  is  that  we  were  trying  in 
the  Western  Hemisphere,  this  experiment  in  self  government. 
There  were  not  many  newspapers  and  they  had  not  the  means 
of  communication  and  instruction  that  the  later  generation  has 
had. 

William  Wirt,  Daniel  Webster,  Henry  Clay,  Tom  Corwin. 
Judge  Douglas,  Mr.  Lincoln,  and  others  like  them,  were  the 
real  leaders  of  the  people. 

Almost  a  hundred  years  ago  a  foreign  visitor,  a  sincere  student 
of  our  institutions,  said  in  a  great  work,  that  the  lawyers  were 
the  aristocrats  of  the  United  States.    He  did  not  mean  that 


20  Fiftieth  Anniversary 

they  had  set  themselves  up  as  better  or  in  a  different  class  from 
the  rest  of  the  people.  What  he  meant  and  what  he  said  was 
that  they  were  the  teachers  of  the  people,  the  promotors  of 
intelligence  and  of  the  principles  upon  which  the  government 
was  founded.  He  pointed  out  that  the  almost  invisible  influence 
of  the  legal  profession  directed  the  public  mind  and  checked  the 
impetuosity,  which  might  be  expected  to  develop  in  popular 
government. 

In  the  old  days  the  appearance  of  great  lawyers  in  the  trial 
of  jury  cases  served  to  increase  the  general  intelligence  of  the 
people.  The  jury  box  was  like  a  public  school,  which  was  al- 
ways open,  and  in  which  the  juror  learned  his  rights  and  duties 
as  a  citizen,  and  was  impressed  with  the  vast  performance  of 
doing  his  best  to  meet  the  full  requirements  of  a  citizen  of  the 
great  Repubhc. 

The  lawyers  of  that  day  taught  the  people  what  a  democracy 
was  and  created  in  the  public  mind  the  conception  that  the 
constitution  was  a  great  instrument  to  put  in  force  and  preserve 
in  an  orderly  way  the  truths  of  the  great  Declaration,  and  the 
early  lawyers  explained  and  expounded  the  Constitution  to  their 
fellow  citizens  upon  the  hustings.  They  had  wit  and  humor 
and  a  sound  basic  knowledge  of  the  fundamental  principles  of 
jurisprudence.  They  did  not  pursue  their  profession  as  a  mere 
trade.    A  meeting  of  court  was  a  great  event. 

Our  progress  has  been  marked  by  three  distinct  periods. 

The  first  was  the  formative  period  when  the  Constitution  was 
made  and  adopted  and  the  Republic  sent  forth  on  its  grand 
mission. 

Then  came  the  age  of  the  pioneer,  and  in  that  period  great 
lawyers  and  statesmen  expoimded  and  explained  the  constitu- 
tion, our  system  of  laws  and  the  high  aims  of  American  institu- 
tions. 

The  wise  men  who  wrote  the  constitution  and  the  great 
company  who  followed  them  in  explaining  it,  were  a  body  of 
men  whom  it  would  be  hard  to  match  in  the  annals  of  any 
country. 

And  then  came  the  great  period  of  the  development  of  our 
natural  resources,  of  invention  and  of  the  growth  of  vast 


Cincinnati  Bar  Association  21 

industrial  enterprises,  and  it  was  always  found  that  the  consti- 
tution had  in  it  the  inherent  vigor  to  meet  every  demand  and 
strain.  It  came  to  be  realized  that  its  makers  contemplated  the 
new  conditions  and  the  great  development  which  the  country 
was  sure  to  have,  and  that  within  its  ample  folds  would  be  found 
sufficient  power  to  preserve  its  guaranties  and  protect  the  rights 
of  the  humblest  and  strongest  citizen.  And  for  more  than  130 
years  it  has  grandly  justified  the  faith  of  the  fathers,  and  has 
shown  that  the  splendid  tribute  to  it  by  Mr.  Gladstone  was 
well  deserved. 

But  the  chaos  that  has  resulted  from  the  dreadful  experiences 
through  which  humanity  has  passed  during  the  last  few  years 
has  caused  many  patriotic  sincere  men  to  question  whether  the 
fundamentals  of  our  American  life  have  been  profoundly  moved. 

The  human  race  seems  to  stand  checked  and  appalled  in  the 
face  of  chaotic  conditions.  The  nations  of  Europe  seem  to  make 
little  or  no  progress  in  the  stupendous  undertaking  of  readjust- 
ment and  progress  everywhere  is  hindered.  All  of  these  things 
should  only  increase  the  determination  to  cling  to  and  uphold 
the  great  principles  of  justice  and  right  upon  which  this  thing 
that  we  call  American  and  its  institutions  were  founded. 

The  lawyers  of  the  United  States  should  realize  that  they 
have  a  high  and  sacred  duty  to  perform  about  it.  They  should 
resist  the  tendency  to  disregard  their  duty  as  citizens,  which  in 
some  degree  seems  to  have  come  upon  lawyers  in  these  strange 
times  of  specialization.  They  should  ask  themselves  whether 
it  is  true  that  the  individual  is  being  submerged  in  the  tendency 
to  act  collectively.  Is  there  a  disposition  of  government  to 
participate  in  business  and  control  its  details  activities  in  s  ch 
a  way  as  to  interfere  with  individual  initiative. 

When  the  old  Kentucky  hero.  Judge  Harlan,  sat  on  the  bench 
of  the  United  States  Supreme  Court,  he  remarked  that  illegiti- 
mate and  unconstitutional  practices  get  their  first  footing  by 
silent  approaches  and  slight  deviations  from  legal  modes  of  legal 
procedure.  We  shall  do  well  to  heed  the  warnings  of  that  great 
jurist. 

Within  the  past  generation  the  range  of  governmental  activity 
has   been  greatly   extended.    No  doubt  progress  has  been 


22  Fiftieth  Anniversary 

promoted  and  the  best  interests  of  the  state  and  its  people  in 
many  instances  have  been  safeguarded.  But  it  is  of  vast  im- 
portance that  this  tendency  shall  not  be  indulged  so  far  as  to 
materially  weaken  the  guaranties  which  were  solemnly  written 
into  our  constitutions,  under  which  our  country  and  our  nation 
have  advanced  to  the  position  of  the  foremost  nation  in  all  the 
world.  These  safeguards  were  secured  after  long  and  arduous 
struggle,  and  have  been  a  source  of  encouragement  and  confi- 
dence to  the  patient,  honest  and  energetic  people  of  America. 

They  were  not  the  result  of  mere  whim  or  caprice.  They 
had  become  firmly  fixed  in  the  Anglo-Saxon  mind.  The 
Petition  of  Right  addressed  to  Charles  I,  contained  the  sub- 
stance of  the  first  ten  Amendments  to  the  United  States  Con- 
stitution, and  every  State  Constitution  contains  the  same  assur- 
ances. 

Let  me  give  you  an  example  of  the  way  in  which  the  people 
of  the  Ohio  Valley  regarded  the  constitution  in  the  very  early 
days.  Ohio  was  admitted  to  the  Union  in  1803.  Two  years 
afterwards  the  legislature  of  Massachusetts  passed  a  resolution, 
proposing  an  amendment  to  the  Constitution  of  the  United 
States,  providing  for  apportionment  of  representatives  among 
the  several  states.  The  legislature  of  Ohio  refused  to  recom- 
mend the  amendment  to  the  constitution  of  the  United  States, 
and  in  its  resolution  said  that  it  sympathized  to  the  fullest 
extent  with  the  purpose  of  the  proposed  amendment,  but  that 
the  people  of  Ohio  dreaded  to  begin  to  tamper  with  the  consti- 
tution, and  when  the  legislature  exceeded  its  powers  the  court 
did  not  hesitate  to  uphold  the  constitution. 

In  1805  the  legislature  passed  an  act  which  provided  that,  in 
cases  before  justices  of  the  peace,  which  involved  between 
twenty  dollars  and  fifty  dollars,  no  trial  by  jury  could  be  had, 
and  Section  29  of  the  act  provided  that  "If  a  plaintiff  failed  to 
recover  more  than  fifty  dollars  in  the  Common  Pleas  Court  he 
must  pay  his  own  costs."  Judge  Pease,  sitting  in  Belmont 
County,  held  the  statute  unconstitutional,  as  violative  of  Sec- 
tion 8  of  Article  VIII  of  the  Ohio  Constitution,  which  guaran- 
teed the  right  of  trial  by  jury.  The  Supreme  Court  affirmed 
Judge  Pease.    The  General  Assembly  thereupon  passed  a  reso- 


Cincinnati  Bar  Association  23 

lution  declaring  that  the  courts  are  not  authorized  to  declare  a 
law  unconstitutional,  and  the  House  of  Representatives  im- 
peached the  judges,  and  their  impeachment  failed  only  because 
there  were  not  two-thirds  of  the  Senate  who  were  willing  to  so 
vote. 

They  were  giants  in  those  days. 

Let  me  recall  to  you  the  performances  of  one  of  them,  Charles 
Hammond,  a  Cincinnati  lawyer,  who  was  at  the  very  front  of  the 
lawyers  and  leaders  of  the  country  in  the  early  days.  The 
bank  of  the  United  States  was  established  in  1815,  and  it 
established  two  branches  in  Ohio,  one  in  Cincinnati  and  one  in 
Chillicothe.  There  was  intense  feeling  in  Ohio  against  the 
United  States  Bank.  In  1819  the  legislature  passed  a  law  to 
tax  each  branch  $50,000,  and  made  it  the  duty  of  the  State 
Auditor  to  collect  it.  He  was  given  sweeping  powers  in  making 
the  collection,  and  his  agent  took  possession  of  $100,000  of  the 
money  of  the  bank.  The  conduct  of  the  State  created  excite- 
ment throughout  the  country.  It  was  felt  to  be  open  defiance 
of  the  settled  law  of  the  United  States,  as  expressed  in  the  cele- 
brated case  of  McCuUock  v.  Maryland,  4  Wheaton,  316.  In 
that  case  there  was  displayed  the  remarkable  powers  of  analysis 
of  the  great  Chief  Justice.  The  court  decided  that  the  United 
States  Bank  had  a  right  to  establish  branches  in  the  different 
states,  and  that  the  State  could  not  tax  the  branch,  that  the 
State  had  no  power  to  tax  any  of  the  means  employed  by  the 
Government  to  execute  its  powers.  The  Ohio  State  Auditor, 
Osborne,  was  sued  in  the  Federal  Court.  He  reported  the 
proceeding  to  the  legislature  and  a  report  was  made  in  which 
the  decision  of  McCullock  v.  Maryland  was  denounced. 
Charies  Hammond  wrote  the  report.  The  legislature  passed 
a  law  making  it  a  criminal  offense  to  protect  the  property  of 
the  National  Bank,  and  made  it  illegal  for  a  notary  public  to 
take  an  acknowledgment  of  any  instrument  of  the  bank,  or  for 
a  recorder  to  record  such  an  instrument.  The  case  of  the 
Auditor  was  taken  to  the  Supreme  Court  of  the  United  States 
and  is  reported  in  9  Wheaton.  It  became  a  famous  case  and 
the  gravity  of  the  issue  was  everywhere  realized.  Distinguished 
lawyers  represented  the  parties:  Henry  Clay,  Daniel  Webster, 


24  Fiftieth  Anniversary 

and  William  Wirt  were  the  attorneys  for  the  bank,  and  Charles 
Hammond  and  John  C.  Wright  for  the  State.  John  Marshall 
again  spoke  for  the  court  and  upheld  the  power  of  the  govern- 
ment to  create  instrumentalities,  the  business  of  which  should 
be  beyond  the  power  of  the  states  to  tax. 

Mr.  Hammond  was  bom  in  Baltimore,  moved  to  Ohio  and 
became  a  member  of  the  legislature,  wrote  the  report  denounc- 
ing the  decision  of  the  Supreme  Court  in  McCullock  v.  Mary- 
land, and  argued  the  Osborne  case  before  the  court.  Although 
he  conscientiously  represented  the  side  which  was  demonstrated 
to  be  the  wrong  side,  and  stood  for  what  he  conceived  to  be 
the  rights  of  the  people  of  the  states,  his  argument  was  every- 
where regarded  as  one  of  the  wonderful  intellectual  perform- 
ances that  had  up  to  that  time  been  made  by  any  lawyer  in  that 
great  tribunal.  Governor  Greene,  of  Rhode  Island,  who  had 
a  similar  case  for  his  State,  and  who  was  on  the  same  side  as 
Mr.  Hammond,  afterwards  wrote  that  when  the  case  had  been 
completed,  he  took  a  trip  down  the  Potomac  with  Chief  Justice 
Marshall,  who  was  intensely  interested  in  the  history  and 
personality  of  Charles  Hammond.  He  spoke  of  the  remarkable 
acuteness  and  accuracy  of  his  mind  and  referred  with  emphatic 
admiration  to  his  argument  in  the  bank  case.  Judge  Marshall 
said  that  he  had  met  no  judicial  record  of  equal  power  since 
Lord  Hardwick's  time  and  that  he  was  without  a  superior  in 
our  country.  He  did  not  care  much  for  authority.  He  was 
one  of  those  rugged,  powerful  intellects  which  was  self-reliant. 

Some  years  after  the  case  was  disposed  of,  John  Quincy 
Adams,  then  President,  at  the  suggestion  of  Chief  Justice 
Marshall,  arranged  to  appoint  Charles  Hammond  to  the 
Supreme  Court  of  the  United  States,  but  Mr.  Hammond  de- 
clined. He  was  at  that  time  reporter  of  the  Supreme  Court  of 
Ohio  and  came  to  Cincinnati  and  established  the  Cincinnati 
Gazette.  He  became  the  foremost  anti-slavery  agitator  in  all  the 
western  country.  He  profoundly  educated  the  people  in  the  na- 
ture of  their  institutions,  in  the  fundamental  principles  of  a 
democracy,  and  maintained  a  very  high  standard  to  the  close 
of  his  life  in  1840  in  the  City  of  Cincinnati. 

It  is  a  singular  fact  that  two  of  the  reporters  of  the  Supreme 


Cincinnati  Bar  Association  25 

Court  of  Ohio  were  appointed  to  the  Supreme  Court  of  the 
United  States,  but  that  neither  of  them  took  the  oath  of  office. 

When  I  think  of  Charles  Hammond  and  Edwin  M.  Stanton 
and  Salmon  P.  Chase,  Thomas  Ewing,  Thomas  Corwin,  Allen 
G.  Thurman,  Rufus  P.  Ranney,  and  the  great  crowd  of  eminent 
men  who  have  practiced  at  the  Cincinnati  Bar  in  the  early  days, 
men  who  were  accustomed  to  the  hardships  of  those  pioneer 
days,  who  were  educated  after  the  manner  of  those  early  times, 
came  to  the  Bar  and  performed  the  duties  of  lawyers  in  the 
splendid  way  in  which  they  did,  contributed  so  much  to  the 
upbuilding  of  the  country,  I  cannot  but  think  that  there  are  in 
these  later  days  younger  men  like  unto  them  who,  when  they 
become  impressed  with  the  need  of  vigilance  and  careand  activ- 
ity on  the  part  of  the  lawyers  of  the  country,  will  not  be  found 
wanting;  that  they  will  not  permit  the  life  and  vigor  of  the  fair 
fabric  of  our  constitution  to  be  sapped,  but  will  bring  the  people 
back  to  an  appreciation  of  the  necessity  of  upholding  it. 

I  would  have  the  lawyers  of  the  country  teach  the  people  of 
the  country  to  revere  the  fathers  of  the  Republic,  and  all  those 
who  have  labored  and  struggled  for  it  in  the  years  that  have 
followed.  But  greater  than  any  of  these  fathers  of  the  Repub- 
lic, greater  than  Washington,  greater  than  the  Adamses,  or 
Jefferson  or  Alexander  Hamilton,  greater  than  Jackson  or  Lin- 
coln, or  Roosevelt,  or  Wilson,  is  the  constitution  of  the  United 
States  and  the  American  Republic. 

President  Pogue — I  am  sure  that  it  has  been  a  pleasure  to 
every  member  to  have  listened  to  what  has  been  said  by  Judge 
Johnson.  I  now  direct  your  attention  to  one  of  the  eminent 
members  of  the  profession  from  the  northern  portion  of  the 
State.  It  is  my  pleasure  to  introduce,  and  your  pleasure  to 
hear,  Hon.  Paul  Howland,  of  Cleveland.     (Applause.) 


26  Fiftieth  Anniversary 


ADDRESS  OF 
HON.  PAUL  ROWLAND 

Mr.  President,  Guests  of  the  evening,  Ladies  and  Gentlemen  of 
the  Cincinnati  Bar: 

It  is  my  privilege,  sir,  to  bring  greetings  from  the  Forest  City 
on  the  Lake  to  this  Bar  Association  of  the  Queen  City  on  the 
river.  If  sickness  had  not  intervened  Judge  SulHvan,  the  dis- 
tinguished president  of  our  Association  would  have  been  1  ere 
in  person,  Mr.  President,  to  present  the  most  cordial  greetings 
from  the  Cleveland  Bar  Association  to  the  Cincinnati  Bar 
Association. 

It  is  a  great  honor  to  be  invited  to  be  present  at  the  fiftieth 
anniversary  of  the  Cincinnati  Bar  Association,  and  feeling  that 
possibly  business  engagements  might  prevent  me  from  attend- 
ing your  next  fiftieth  anniversary,  I  thought  it  best  to  accept 
this  invitation,  notwithstanding  the  fact  that  there  were  certain 
very  embarrassing  limitations  contained  in  it. 

In  order  to  play  fair  with  you  Mr.  President,  and  not  over- 
step the  bounds  of  the  invitation  as  to  time  consumed,  I  have 
carefully  gone  over  this  manuscript,  and  it  will  take  in  the 
reading  but  ten  to  twelve  minutes  of  your  time.  I  will,  there- 
fore, ask  you  to  follow  me — there  are  only  eight  or  nine  pages — 
very  carefully  if  you  will,  for  if  Mr.  H.  G.  Wells  had  undertaken 
to  say  what  I  have  said  in  these  eight  or  nine  pages,  it  would 
have  taken  a  whole  volume,  gentlemen,  I  assure  you.  (Laugh- 
ter.) 

The  line  of  thought  to  which  I  wish  to  direct  your  attention 
has  already  been  suggested  by  the  remarks  of  the  distinguished 
President  of  the  State  Bar  Association,  and  by  the  learned 
member  of  the  Supreme  Court,  who  has  just  thrilled  us  by  his 
eloquent  address.  I  am,  therefore,  afraid  that  I  will  be  simply 
gathering  up  the  gems  that  they  have  so  abundantly  scattered 
for  our  enjoyment,  yet  I  make  no  apologies,  for  I  will  present 


Cincinnati  Bar  Association  27 

for  your  consideration  our  old  friend,  the  American  lawyer,  and 
discuss  his  status  in  the  Republic. 

The  just  and  proper  administration  of  the  law  has  at  all 
times  and  in  all  countries  made  for  stability  and  permanence  in 
government,  and  the  lack  of  it  has  always  resulted  in  criticism, 
unrest  and  revolution.  From  the  earliest  time  struggling  hu- 
manity, in  its  crude  and  halting  efforts  to  administer  justice, 
has  always  recognized  certain  conditions  as  absolutely  essential. 
These  conditions  are  identical  with  the  ones  that  confront  us 
today,  and  the  quick  recognition  of  their  importance  by  the 
ancient  administrators  of  the  law,  whether  king,  judge  or 
prophet,  seems  to  lessen  the  number  of  the  intervening  centuries, 
and  place  us  face  to  face  with  our  brethren  of  the  olden  times. 

Probably  the  earliest  authentic  statement  of  the  difficulties 
in  the  administration  of  justice  is  found  in  Exodus,  where  it  is 
related  that  Jethro,  on  the  occasion  of  his  visit  to  Moses,  his 
son-in-law,  gave  Moses  some  advice  upon  that  subject,  in  sub- 
stance, as  follows: 

"It  came  to  pass  on  the  morrow  that  Moses  sat  to  judge  the 
people,  and  the  people  stood  by  Moses  from  the  morning  unto  the 
evening,  and  Jethro  said,  'The  thing  thou  doest  is  not  good.  Thou 
wilt  surely  wear  away,  both  thou  and  this  people.  Provide  out  of 
all  the  people  able  men  such  as  fear  God,  men  of  truth,  hating 
covetousness,  and  let  them  judge  the  people  at  all  seasons,  reserv- 
ing only  the  greater  matters  for  you.  If  thou  wilt  do  this  thing, 
thou  shalt  be  able  to  endure,  and  all  this  people  shall  also  go  to  their 
place  in  peace.'  " 

It  will  be  noted  that  in  this  statement  there  are  found  the 
essential  conditions  which  at  all  times  and  under  all  circum- 
stances are  necessary  to  the  successful  administration  of  justice: 
1 — The  court  must  be  open  and  available  to  all  the 
people  at  all  times; 

2 — The  judges  must  be  able  men,  such  as  fear  God, 
men  of  truth,  hating  covetousness; 

3 — There  must  be  no  unnecessary  delay  in  judgment. 
The  advice  of  Jethro  was  followed  by  Moses,  and  the  system 
then  established  endured  for  four  hundred  years,  and  up  to  the 
time  of  the  Prophet  Samuel.     "But  when  Samuel  was  old  he 


28  Fiftieth  Anniversary 

made  his  sons  judges  over  Israel,  and  his  sons  walked  not  in  his 
ways,  but  turned  aside  after  lucre,  and  took  bribes  and  per- 
verted judgment."  Whereupon  all  the  elders  of  Israel  cried 
until  Samuel,  "Make  us  a  king,  to  judge  us  like  all  the  nations." 

The  demand  of  the  people  was  finally  granted,  the  govern- 
ment overthrown,  because  the  judges  of  Israel  turned  aside  after 
lucre,  took  bribes  and  perverted  judgment. 

Another  instructive  incident  is  the  unsuccessful,  though 
shrewd  and  crafty  plan  of  Absalom,  to  wrest  the  government  of 
Israel  from  David,  his  father: 

"And  Absalom  rose  up  early  and  stood  beside  the  way  of  the 
gate,  and  when  any  man  that  had  a  controversy  came  to  the 
king  for  judgment,  he  said  unto  him,  'See,  thy  matters  are  good 
and  right,  but  there  is  no  man  deputed  of  the  King  to  hear  thee. 
Oh!  that  I  were  made  judge  in  the  land,  that  every  man  which 
hath  suit  or  cause  might  come  unto  me  and  I  would  do  him 
justice,'  and  in  this  manner  did  Absalom  to  all  Israel  that  come 
to  the  King  for  judgment." 

In  the  soliloquy  of  the  Melancholy  Dane  the  law's  delay 
occupies  a  prominent  position  in  the  list  of  woes  which  drive 
humanity  to  desperation. 

In  English  history  the  horrible  record  of  Jeffreys,  the  bloody 
assizes,  the  shameless  and  audacious  bribery  and  corruption 
rampant  at  that  time,  were  the  potent  factors  that  drove 
James  II  to  France  and  ushered  in  the  reign  of  William  and 
Mary. 

From  the  earliest  authentic  history  the  mal-administration 
of  justice  has,  more  than  any  other  internal  cause,  undermined 
and  destroyed  existing  governments.  Charges  of  mal-adminis- 
tration, whether  true  or  false,  have  been  and  are  the  most 
attractive  points  of  attack  for  the  demagogue  seeking  to  rise  to 
power  on  the  ruins  of  a  government  destroyed. 

If  the  administration  of  justice,  good  or  bad,  exercised  such 
a  potent  influence  upon  the  stability  of  kingdoms  and  the  per- 
manence of  empires,  guarded  and  protected  by  all  the  powers 
that  do  hedge  about  a  throne,  how  much  more  potent  must  be 
its  influence  on  the  permanence  and  stability  of  self-governing 
states,  where  the  government  is  directly  dependent  upon  the 


Cincinnati  Bar  Association  29 

popular  will.  At  the  time  of  the  adoption  of  our  Constitution, 
it  was  claimed  that  we  had  become  subjects  and  slaves  to  the 
tjrrant  majority,  a  tyrant  far  worse  than  King  George,  for  the 
majority,  while  absolute,  can  never  be  punished;  that  the  popu- 
lar will  was  flighty  and  uncertain,  with  no  continuity  of  purpose, 
driven  hither  and  yon  by  every  wind  of  passion,  repealing  today 
the  decrees  and  laws  of  yesterday,  and  looking  forward  to  the 
morrow  with  the  hope  of  trying  some  new  nostrum  on  the  body 
politic,  and  rushing  madly  out  of  the  realm  of  reality  in  pursuit 
of  some  phantom  Utopia.  All  the  elements  that  had  hitherto 
made  for  stability  of  government  had  been  swept  away  by  the 
Declaration  of  Independence  and  our  Constitution.  The  con- 
servative aristocracy  was  gone,  hereditary  titles  had  vanished, 
kingly  prerogatives  were  no  more,  the  citizens  stood  forth 
clothed  with  all  the  rights  of  a  king  and  by  majorities  speaking 
the  old  familiar  language  of  sovereignty.  Thus  it  was  claimed 
the  stage  was  set  for  the  demagogue  to  strut  across  and  sway 
the  fickle  populace  to  do  his  selfish  will;  that  no  government 
could  long  survive  where  the  self-interest  of  the  citizen  con- 
tinually clashed  with  the  general  welfare.  In  short,  a  gloomy 
picture  of  vacillation,  hesitation,  weakness  and  chaos,  was 
drawn  for  us  by  our  enemies,  and  our  friends  were  fearful  that 
the  pictured  dangers  might  become  realities. 

It  seems,  however,  that  at  the  same  time  the  drift  towards 
popular  government  was  gathering  headway  there  was  also  an 
idea,  a  principle,  a  conviction,  taking  form  in  the  minds  of  men, 
that  government  to  insure  liberty  must  be  a  government  of  law 
and  not  of  men.  In  the  great  struggle  against  the  dispensing 
power  of  the  King  in  the  17th  century,  the  King  told  his  Chief 
Justice  that  he  must  have  twelve  judges  of  his  mind  to  declare 
the  dispensing  power  legal,  and  thereupon  the  Chief  Justice  re- 
plied, "Your  Majesty  may  find  twelve  judges  of  your  mind,  but 
hardly  twelve  lawyers." 

The  lawyer  has  done  his  part  in  breaking  down  the  barriers 
of  absolutism  in  government  and  ushering  in  the  day  of  a 
broader  liberty.  At  the  same  time  he  has  been  careful  to  set 
the  limits  and  fix  the  boundaries  of  that  liberty  in  order  to 
prevent  it  from  drifting  into  license.    In  this  country  you  can 


30  Fiftieth  Anniversary 

call  this  lawyer  by  any  name  you  please,  James  Otis,  Patrick 
Henry,  Hamilton,  Jefferson,  John  Marshall  or  John  Doe.  He 
is  a  type,  and  the  constitution  of  the  Republic  is  his  handiwork. 
Being  his  handiwork,  he  will  uphold  and  maintain  it.  He  has 
gone  as  far  towards  democracy  as  he  believes  it  is  safe  to  go. 
The  training  of  his  profession  has  taught  him  of  the  trials  and 
difficulties  through  which  the  race  has  struggled  in  its  fight  for 
liberty,  and  the  influences  and  forces  which  have  kept  it 
shackled  in  the  past.  The  growth  of  the  law,  as  shown  by  the 
precedents  with  which  his  study  has  made  him  familiar,  has 
taught  him  that  a  legal  principle  may  have  required  centuries 
of  contest  and  struggle  to  establish  as  the  law  of  the  land.  His 
education  and  training,  the  history  of  jurisprudence,  the 
practice  of  his  profession,  all  combined  to  teach  him  the  danger 
of  hasty  and  emotional  judgments,  and  the  necessity  of  abso- 
lutely eliminating  prejudice,  passion,  and  selfishness.  It  thus 
happens  that  today  the  bar  of  America  is  inclined  to  be  con- 
servative in  matters  relating  to  the  administration  of  justice, 
and  stands  almost  to  a  man  against  the  doctrines  of  Bolshevism 
and  Socialism  as  subsersive  and  hostile  to  any  rational  concep- 
tion of  liberty.    This  is  a  government  of  law  and  not  of  men. 

The  lawyer  was  a  leader  in  the  struggle  for  liberty  under  the 
law  and  against  absolutism.  Today  he  is  standing  like  ada- 
mant against  all  the  isms  that  he  believes  would  destroy  liberty. 
The  American  lawyer  is  the  great  intermediate  power  between 
the  conservative  on  the  one  hand  and  the  radical  on  the  other, 
and  binds  them  together  in  a  stable  government  of  law. 

DeTocqueville  says:  "The  authority  the  American  people 
have  entrusted  to  members  of  the  legal  profession,  and  the  influence 
which  these  individuals  exercise  in  government,  is  the  most 
powerful  existing  security  against  the  excesses  of  democracy. 

"Without  this  admixture  of  lawyer-like  sobriety  with  the 
democratic  principle,  I  question  whether  democratic  institutions 
could  long  be  maintained,  and  I  cannot  believe  that  a  republic 
could  subsist  at  the  present  time  if  the  influence  of  lawyers  in  public 
business  did  not  increase  in  proportion  to  the  power  of  the  people." 

With  my  own  judgment  reenforced  by  this  recognized  author- 
ity, I  will  steal  a  few  lines  from  Horace,  and  pay  my  tribute  to 


Cincinnati  Bar  Association  31 

"The  man  of  firm  and  righteous  will —  . 

No  rabble  clamorous  for  the  wrong, 
No  tyrant's  brow  whose  frown  may  kill, 

Can  shake  the  strength  that  makes  him  strong:" 
The  American  lawyer,  a  pillar  of  state. 

The  American  Lawyer,  a  pillar  of  state,     (Applause.) 

President  Pogue — When  the  Bar  Association  was  founded 
fifty  years  ago,  there  was  elected  as  its  first  president  Alphonso 
Taft.  Hanging  on  the  wall,  between  the  folds  of  the  flag  of  the 
United  States  of  America,  is  a  picture  of  Judge  Alphonso  Taft. 
Seated  fourth  from  me  on  the  left  is  a  son  of  that  distinquished 
president,  our  fellow  citizen.  Honorable  Charles  P.  Taft,  who 
has  done  so  much  for  our  community.     (Applause.) 

I  may  say  that  I  have  never  attended  a  dinner,  or  a  banquet 
as  you  may  call  it,  where  I  had  any  more  pleasure  than  at  that 
which  was  given  in  this  banquet  room  a  few  months  ago  to  the 
Honorable  Charles  P.  Taft,  not  only  for  what  he  had  done  and 
we  were  celebrating  on  that  occasion,  but  for  what  he  has  done  on 
many  occasions,  and  I  am  sure  his  spirit  will  always  continue 
to  make  him  do  in  the  future  what  he  has  done  in  the  past. 

You  will  find  in  the  original  roster  of  the  Bar  Association  his 
name,  appearing  under  that  of  his  distinguished  father  and  of 
his  brother,  Peter  Taft,  the  three  appearing  right  in  a  row,  one 
after  the  other;  and  we  have  with  us  now,  as  one  of  our  officers, 
the  grandson  of  that  distinguished  president,  Mr.  Robert  A. 
Taft. 

We  are  approaching  that  part  of  the  evening  where  your 
attention  will  be  directed  to  what  each  of  the  remaining  four 
speakers  may  say  in  turn  as  to  what  he  feels  and  what  his 
thoughts  are.  It  may  be  that  some  of  them  will  let  you  into 
some  of  the  little  secrets  of  what  happened  in  those  days  of  long 
ago.  I  cannot  promise  that  because  I  know  nothing  of  what 
they  are  going  to  say.  In  this  connection  it  is  a  great  pleasure, 
I  know,  to  this  Association  to  hear  from  Governor  Harmon,  as 
it  was  when,  just  a  year  ago,  we  wished  him  a  happy  voyage 
across  the  ocean.  We  will  now  hear  from  the  Honorable 
Judson  Harmon.     (Applause.) 


32  Fiftieth  Anniversary 


ADDRESS  OF 
HON.  JUDSON  HARMON 

Mr.  President,  and  Brethren  of  the  Bar,  and  our  Honored  Guests, 
whom  we  are  all  glad  to  welcome  and  ask  to  come  a^ain: 

One  feels  very  small  and  insignificant  among  the  giants  of 
those  days.  I  took  part  as  a  very  young  man  in  the  organiza- 
tion of  this  Association,  and  if  any  one  at  that  time  had  told 
me  that  I  would  live  to  take  part  in  the  celebration  of  its  fiftieth 
anniversary  I  should  have  been  skeptical;  and  if  I  had  been 
told  that  such  a  large  percentage  of  those  who  were  my  asso- 
ciates on  that  occasion  would  also  survive  to  join  me,  either 
by  their  presence  or  in  their  hearts  in  this  celebration,  I  should 
have  been  glad. 

I  always  believed  in  the  necessity  of  organization  among 
lawyers,  that  it  was  more  necessary  for  them  than  for  any  other 
profession,  for  we  are  the  only  profession  whose  business  it  is  to 
fight  each  other,  and,  therefore,  we  ought  to  get  together  some 
time  when  no  clients  are  present  ,  and  find  out  what  good 
fellows  we  all  really  are.     (Laughter.) 

And  then  not  only  is  it  better  for  a  lawyer,  from  a  selfish  point 
of  view,  to  be  a  member  of  an  organization,  instead  of  being 
scattered  through  other  organizations,  or  being  an  unorganized 
body.  Lawyers  should  be  organized,  so  that  there  may  be  a 
unity  of  action,  a  comparison  of  views,  that  they  may  discharge 
the  high  duty  which  the  profession,  above  all  others,  owes  to 
their  country,  their  state  and  their  city. 

But  I  am  not  going  to  talk  on  general  subjects  of  that  sort, 
which  have  already  been  spoken  of  and  will  probably  be  again, 
which  you  all  know  about  anyhow,  but  I  take  it  that  I  was 
selected  as  one  to  address  you  tonight  because  I  am  supposed 
to  be  nearing  the  age  of  reminiscence  (laughter)  and,  therefore, 
I  am  going  to  talk  to  you  for  a  few  minutes  and  call  your  atten- 
tion a  few  things  in  connection  with  the  early  days  of  this  asso- 


Cincinnati  Bar  Association  33 

ciation.  I  am  not  going  to  be  solemn  about  it,  thinking  of  the 
many  who  are  gone,  but  I  am  going  to  look  back  over  the  many- 
things  which  I  recall  and  I  prefer  to  speak  about  those  things 
which  are  characteristic  of  lawyers  when  they  get  together 
socially  and  find  out  what  good  fellows  they  are. 

I  borrowed  the  old  roster  and  the  old  minutes,  covering  the 
first  ten  years,  and  read  them  over.  Some  things  refreshed  my 
memory,  and  others  I  remembered  without  refreshing.  All 
the  leading  lawyers  of  that  day  belonged  to  the  association  and 
took  an  active  part  in  it.  As  has  been  said.  Judge  Alphonso 
Taft  was  the  first  president,  Henry  Stanbery  was  the  second, 
and  Judge  Collins  and  Judge  Hoadly,  and  men  of  that  class, 
occupied  not  only  the  position  of  president,  but  all  of  the  others. 

I  remember  that  during  the  first  year  or  so  the  sessions  of 
the  association  would  remind  one  of  a  constitutional  convention, 
because  those  great  men,  those  learned  men,  night  after  night 
were  discussing  changes  in  the  Constitution  of  Ohio.  The 
constitutional  convention  was  about  to  meet,  and  some  of  these 
gentlemen  were  members  of  it;  but  when,  after  all  their  learning 
and  their  ability  at  framing  fundamental  law,  the  people  had  no 
use  for  that  constitution,  then  the  Cincinnati  Bar  Association 
came  down  to  earth  again  and  took  up  more  practical  things. 

I  remember  one  of  them  was  that  we  were  the  first  to  move 
to  abolish  the  ridiculous  second  trial,  that  in  those  days  one 
could  have  by  giving  bond  for  costs. 

I  remembered,  without  reading  it,  what  the  president  has 
referred  to  about  the  contest  between  Mr.  Stanbery  and  Rufus 
King  on  the  one  side  and  Judge  Hoadly  on  the  other;  I  was 
present  on  that  occasion.  I  remember  that  Mr.  William  Ram- 
sey moved  to  instruct  the  committee  to  furnish  no  wines  or  other 
liquors  at  the  banquet.  Governor  Hoadly,  then  Judge  Hoadly, 
seconded  the  motion,  and  I  have  always  remembered  the  earnest 
speech  which  he  made  in  support  of  it.  One  of  the  expressions 
he  used  was  "we  have  enough  wrecks  along  the  shore,  let's  have 
no  more."  But  Mr.  Rufus  King  moved  to  table  the  motion 
and  it  went  on  the  table  and  stayed  there  until  the  Eighteenth 
Amendment.     (Laughter.) 


34  Fiftieth  Anniversary 

Now  George  Hoadly  tells  this  little  incident:  Immediately- 
after  that  famous  debate  his  father  sent  word  by  his  German 
coachman — they  all  drove  to  town  in  buggies  in  those  days, 
there  weren't  any  street  cars — to  his  wife,  that  he  would  not 
be  home  until  late,  and  when  he  got  home,  rather  late,  he  found 
his  wife  in  quite  a  state  of  grave  concern,  because  the  way  the 
message  came  to  her  by  that  German  coachman  was  "the  Judge 
he  says  he  won't  be  home  until  late  tonight,  he  is  going  to  a 
saloon"  (laughter),  whereas  the  message  that  he  had  sent  was 
that  he  was  going  to  the  Bar  Association.  (Laughter.)  Now, 
it  is  generally  believed  that  that  German  coachman  got  mixed 
up  about  the  bar  and  the  saloon  (laughter),  but  it  is  my  impres- 
sion that  the  Governor  drew  such  a  dark  picture  of  what  would 
go  on  at  Bar  Associations  if  they  had  wine  and  other  liquor,  in 
his  advocacy  of  the  motion  that  that  be  cut  out,  that  this 
German  coachman  and  everybody  else,  including  Mrs.  Hoadly, 
thought  it  was  a  terrible  thing  to  go  to  a  Bar  Association  when 
that  motion  had  been  tabled.  Well,  the  committee  obeyed  the 
tabling  orders,  and  it  is  amusing  to  read  through  the  minutes, 
and  see  the  frankness  of  certain  of  the  secretaries  in  setting  forth 
the  items  of  expense,  and  the  treasurer's  report  in  which  the 
name  of  Brachmann  and  Massard  continuously  appears 
(laughter).  They  didn't  deal  in  dry  goods,  either.  One  secre- 
tary— I  have  forgotten  who — but  he  had  a  sense  of  humor,  for 
he  has  noted  that  after  the  business  there  was  social  intercourse 
and  "appropriate  refreshments"  were  served  (laughter). 

Now,  another  thing  that  I  had  really  forgotten  was  that  some 
of  the  younger  members  conceived  the  original  idea  of  getting 
up  what  they  called  a  sub-organization  in  the  Bar  Association, 
I  think  they  called  it  the  junior  something,  but  it  was  a  sub- 
organization.  Whether  it  was  because  they  thought  they  were 
better  than  the  rest  of  us,  or  because  they  were  younger  and 
needed  to  get  together  oftener  than  the  main  body,  I  do  not 
know,  but  it  set  out  in  the  minutes  that  it  was  for  social  inter- 
course, and  they  were  to  have  literary  addresses  and  discussions 
on  the  law  and  so  on,  a  very  high-sounding  purpose.  I  don't 
know  whether  they  saw  enough  of  each  other,  or  discovered 
that  they  couldn't  learn  anything  from  each  other,  or  what 


Cincinnati  Bar  Association  35 

it  was  (laughter),  but  in  a  very  short  time  the  report  in  the 
minutes  is  that  the  attendance  had  gotten  so  small  that  it  wasn't 
worth  while  to  light  up  for  them.  Considering  the  shortness 
of  the  existence  of  that  sub-organization,  it  is  an  extraordinary 
thing  that  all  the  members  of  the  committee  that  got  it  up  and 
ran  it  are  alive  to  this  day,  except  one.  That  committee  was 
composed  of  Charles  B.  Wilby  (laughter),  David  W.  Hyman, 
W.  C.  Cochran  and  Charles  P.  Taft  (laughter),  and  the  suspicion 
is  raised  that  this  remarkable  longevity,  which  no  other  commit- 
tee or  no  other  body  of  officers  of  that  Association  showed,  was 
due  to  early  retirement  from  that  sub-organization  (laughter). 

Now  another  thing — that  was  in  1876.  In  that  same  year, 
soon  afterwards,  the  Grievance  Committee  reported  that  an 
advertisement  had  appeared  in  the  Cincinnati  Commercial, 
reading  as  follows:  "Divorces  legally  and  quietly  obtained 
(laughter),  for  incompatibility,  and  so  forth;  change  of  residence 
unnecessary;  fee  when  secured;  address  Lawyer,  Box  565, 
Cincinnati,  Ohio." 

The  committee  informed  the  Association  that  they  had  in- 
vestigated and  discovered  the  name  of  this  man,  and  that  they 
had  examined  the  authorities  and  found  a  case  in  Illinois  where 
some  one  had  published  an  advertisement  like  that  and  had 
been  expelled  from  the  Bar.  They  recommended  prosecution, 
and  the  committee  was  thereupon  directed  to  proceed  to  prose- 
cute this  man.  Now,  there  is  only  one  member  of  that  com- 
mittee who  is  still  with  us,  and  he  seems  to  have  been  particu- 
larly zealous  in  pushing  this  matter,  not  only  in  making  the 
report,  but  also  in  obeying  the  instructions  to  proceed  to  prose- 
cute. That  member  was  one  Edward  Colston  (laughter). 
Until  I  read  that  I  couldn't  understand  why  it  is  that  he  has 
shown  a  disposition  of  late  years  to  specialize  in  a  branch  of  the 
practice  of  the  law  (laughter).  I  am  sure  he  didn't  depreciate 
the  sensitiveness  with  which  this  man  concealed  his  identity 
behind  a  box  number,  instead  of  proclaiming  it  to  the  world 
on  a  shingle,  and  I  am  sure  he  resented  the  inference  that 
judges  could  be  found  who  would  grant  divorces  for  causes  not 
mentioned  in  the  statute,  and  without  the  requirements  of  the 
law  as  to  residence,  but  he  certainly  did  not  approve  of  C.  0.  D. 


36  Fiftieth  Anniversary 

decrees.  But  I  am  certain,  gentlemen,  and  I  think  you  will 
agree  with  me,  that  what  aroused  him  above  all  things  was  the 
suggestion  that  this  man  was  going  to  do  this  "quietly."  (Pro- 
longed laughter.) 

It  is  too  late  for  me  to  indulge  in  any  further  reminiscences, 
but  as  I  and  eighteen  of  my  associates  in  those  days  of  the 
beginning  have  survived  to  take  part  in  this  celebration,  so,  no 
doubt,  an  equal  number  or  perhaps  more  of  those  among  you 
whom  I  see  here  tonight,  will  live  to  celebrate  the  one  hundredth 
anniversary  of  this  Association,  and  I  can  only  wish  that  those 
of  you  who  do,  when  you  look  back  over  the  years  that  shall 
have  passed,  and  think  of  what  was  said  and  done  in  those  years, 
will  find  as  many  pleasant  memories  which  will  warm  your 
hearts  with  friendly  recollection,  as  I  have  found  in  going  over 
these  old  minutes  and  in  looking  back  over  the  past  fifty  years. 
(Prolonged  applause.) 

President  Pogue — ^After  what  Governor  Harmon  has  said,  no 
introduction  seems  to  be  necessary  for  the  next  speaker.  I  am 
not  going  to  say  a  word  of  introduction,  because  Mr.  Colston 
has  been  too  well  introduced  by  Governor  Harmon.  (Laughter 
and  applause.) 


Cincinnati  Bar  Association  37 


ADDRESS  OF 
HON.  EDWARD  COLSTON 

Mr.  President  and  Gentlemen: 

Did  you  say  "louder?"  (Laughter.)  You  flatter  me.  I 
was  very  much  entertained  by  reading  in  the  newspapers  the 
accounts  given  of  the  performances  of  an  alleged  ghost  up  in  a 
place  in  Nova  Scotia,  I  believe,  and  I  was  still  more  entertained 
by  reading  the  report  made  by  a  distinguished  scientist  in  the 
interest  of  psychical  research — I  couldn't  have  said  that  if  this 
hadn't  been  a  dry  banquet  (laughter).  He  went  up  there  and 
made  two  great  discoveries;  the  first  discovery  was  that  Mary 
Ellen  was  the  name  of  the  ghost;  and  the  second  discovery  was 
of  a  thing  he  called  discarnate  intelligence.  Now  this  discamate 
intelligence  is,  as  I  understand  this  scientist,  a  marvelous 
power,  having  potency  to  overcome  all  difficulties;  something 
that  might  get  you  over  all  the  rough  places  that  you  encounter 
even  in  the  practice  of  the  law,  or  otherwise. 

I  couldn't  help  hoping,  as  I  came  down  here  tonight,  to  make 
a  speech — prepared,  of  course — that  one  of  those  intelligences 
would  furnish  me  with  utterance  to  respond  properly  even  to 
the  slanders  my  partner  has  just  perpetrated  upon  me.  (Laugh- 
ter.) He  even  goes  so  far  as  to  intimate  that  I  use  a  loud  voice. 
(Laughter.)  And  he  put  one  of  his  friends  up  to  play  a  joke  on 
me  along  those  lines.  Justice  Clark,  who  is  now  sitting  as  a 
member  of  the  Supreme  Court  of  the  United  States,  came  down 
here  to  sit  on  the  Court  of  Appeals,  and  I  happened  to  have  a 
case  in  the  Court  of  Appeals.  Now,  Clark  is  a  great  friend  of 
Harmon's,  and  after  Court  adjourned  that  evening  he  went  out 
to  take  dinner  with  Harmon.  Well,  Harmon  hadn't  thought 
fit  to  come  to  Court  to  hear  me  in  my  case,  it  was  just  a  little 
case — he  always  thinks  that  about  the  cases  I  am  in  (laughter) 
— and  that  it  wasn't  worth  his  attendance.  At  dinner  Clark 
said  to  him,  "We  had  the  pleasure" — well,  I  don't  know  whether 


38  Fiftieth  Anniversary 

Clark  said  "pleasure" — "of  having  your  partner  before  us  to- 
day." "Well,"  Harmon  said,"  "you  did?"  and  Clark  said 
"Yes,"  and  Harmon  said,  "Oh,  yes,  I  believe  he  did  have  some 
kind  of  a  case  up  there  before  you,  I  don't  know  what  it  was. 
How  did  he  get  along?"  "Well,"  Clark  said,  "we  heard  every 
word  he  said."  (Laughter  and  applause.)  I  don't  believe 
Clark  ever  said  any  such  thing.  (Laughter.)  Harmon  made 
the  whole  thing  up  just  to  get  off  something  on  me. 

But,  to  get  back  to  this  question  of  discamate  intelligence. 
I  thought  what  a  fine,  good  thing  that  would  be  to  have  around 
a  law  office;  just  imagine  having  a  thing  of  that  sort  with  every 
power,  power  raised  to  the  nth  degree,  to  overcome  all  diffi- 
culties; to  have  a  thing  like  that  in  your  office,  in  the  drawer 
of  your  desk;  to  have  a  thing  like  that  to  go  to  Court  with, 
good  every  now  and  then ;  why,  if  I  had  that,  what  would  become 
of  the  rest  of  you  fellows?  (Laughter.)  Why,  I  would  even 
have  a  chance  to  overcome  my  friend  here  on  the  left;  I  do 
occasionally,  but  I  could  do  it  more  than  that.  (Laughter.) 
And  then,  with  this  discamate  intelligence,  I  might  have  had 
some  good  chance  of  standing  up  against  my  good  friend  Mur- 
ray Seasongood,  in  that  marvelous  case  that  he  has  before  the 
patient,  long-suffering  Judge  Darby.  In  that  case,  which  he 
appropriately  calls  an  omnibus  case,  a  case  in  which  he  com- 
bined common  law  and  uncommon  law  (laughter);  mercantile 
law,  stockbrokers'  law,  law  of  the  curbs  on  Broad  Street,  New 
York;  all  was  brought  in  and  hurled  against  that  innocent, 
long-suffering  judge.  And  I  believe  the  president  of  this  Bar 
Association  was  one  of  Murray  Seasongood's  victims  in  that 
case.     (Laughter.) 

We  heard  so  much  in  that  case  of  "In-re  Wilson"  that  it  re- 
minds me  of  what  my  good  mother  used  to  say  to  me  when  she 
was  trying  to  instill  into  me  some  knowledge  of  English  history 
— when  she  would  tell  me  that  Bloody  Mary  said  when  she  died 
they  would  find  "Calais"  engraved  upon  her  heart.  I  think 
those  of  us  who  have  suffered  at  the  hands  of  Murray  Season- 
good  in  that  case  would  find  "In-re  Wilson"  engraved  on  ours. 
(Laughter.) 


Cincinnati  Bar  Association  39 

But,  notwithstanding  that  we  run  up  against  stiff  proposi- 
tions, such  as  I  have  mentioned,  in  our  modem  practice,  yet  the 
practice  of  the  law  now  is  nothing  hke  as  laborious  as  it  used  to 
be  before  the  days  of  shorthand  reporters.  Then  the  lawyers, 
no  matter  how  long  the  trial  of  the  case  was,  had  to  examine  the 
witnesses,  and  had  to  take  notes  of  the  testimony,  unless  they 
had  some  innocent  young  man  in  their  office  who  was  afraid  to 
rebel  and  they  required  him  to  come  to  court  and  take  notes. 

And  when  you  came  to  make  up  a  bill  of  exceptions  in  those 
days,  I  tell  you  it  was  often  a  tumultuous  business.  My  great 
master  in  the  law.  Judge  Hoadly,  used  to  tell  a  very  amusing 
story  about  Judge  Bellamy  Storer  and  a  certain  lawyer.  It 
was  at  the  end  of  a  very  hot  term  of  the  Superior  Court,  during 
which  a  very  difficult,  hard-fought  jury  case  had  been  tried,  in 
which  one  of  our  most  contentious,  able  and  aggressive  lawyers 
had  appeared — I  am  looking  in  an  opposite  direction  from  Char- 
ley Stephens  when  I  am  saying  that — a  man  with  a  most 
vigorous  intellect,  of  robust  constitution,  a  man  who  claimed 
everything  and  conceded  nothing;  and  he  was  required  to  get 
up  the  bill  of  exceptions.  Judge  Storer  said  to  my  friend  Judge 
Hoadly,  "I  have  spent  five  afternoons  presiding  over  the 
wranglings  of  the  lawyers  who  were  trying  to  settle  that  bill  of 
exceptions,  and  I  am  just  completely  worn  out  with  it;  and  I 
wanted  to  get  away  on  my  vacation,  I  had  bought  my  tickets 
and  reservations  in  the  sleeping  car,  and  on  the  afternoon  of 
the  day  before  I  was  to  go  away,  here  came  in  this  lawyer  and 
laid  down  the  bill  of  exceptions  and  said,  'Judge,  we  have  got  it 
settled  now;  it  is  all  right,  please  sign  it.'  I  said  'Just  leave  it 
here,  when  I  go  into  my  consultation  room  I  will  look  at  it,'  so 
it  was  left  there."  Judge  Storer  said  he  looked  at  it  and  the 
bill  was  just  about  as  hopeless  as  it  was  in  the  beginning;  but  in 
telling  this  to  Judge  Hoadly,  with  a  twinkle  in  his  eye  he  added, 
"I  fixed  him,  I  fixed  him,  I  wasn't  going  to  let  my  vacation  be 
broken  up,  and  I  signed  that  bill  of  exceptions,  but  in  that  part 
of  it  in  which  it  said  'this  is  all  of  the  testimony  offered  on  the 
trial  of  this  case,'  I  just  interlined  the  word  'not'."  (Laughter.) 
And  he  said,  "I  called  up  my  messenger  and  I  told  him  to  take 
the  bill  of  exceptions  down  to  so  and  so  tomorrow  at  10  o'clock 


40  Fiftieth  Anniversary 

and  deliver  it  to  him,  and"  he  said,  "I  left  at  9  o'clock  on  the 
morning  of  that  day." 

Now,  I  am  going  to  tell  you  about  some  of  the  labors  we  used 
to  have.  There  was  the  admiralty  practice;  I  don't  know 
whether  any  of  you  know  what  an  admiralty  case  is,  for  I 
haven't  seen  one  for  thirty  years.  But  in  admiralty  practice 
all  the  proof  had  to  be  taken  in  depositions,  the  judge  never  saw 
a  witness,  and  when  I  became  the  junior  member  of  a  certain 
firm  in  this  town  that  had  a  very  extensive  practice,  there  was 
another  firm,  the  firm  of  Timothy  D.  Lincoln,  in  which  my 
distinguished  friend,  Charley  Stephens,  was  a  junior,  that  had 
the  bulk  of  that  practice;  and  those  two  firms  were  on  the 
opposite  sides  of  almost  every  admiralty  case  that  was  heard; 
and  it  fell  to  my  lot  to  take  the  depositions  on  our  side  and  to 
cross-examine  the  witnesses,  whose  depositions  Mr.  Stephens 
would  take.  Those  depositions  were  written  by  very  worthy 
young  men,  young  men  that  were  students  in  the  office,  and 
who  were  more  or  less  partial  in  their  feelings.  And  when  I 
would  have  occasion  to  cross-examine  a  witness  in  Charley 
Stephens'  office,  and  that  witness  would  begin  to  let  out  some- 
thing that  was  favorable  to  me,  the  shortness  of  memory  dis- 
played by  those  notaries  was  most  remarkable.  (Laughter.) 
I  would  say  "write  it  down,  write  it  down  the  way  he  said  it." 
would  say  "write  it  down  so  and  so,"  and  Stephens  would 
say,  "He  didn't  say  that."  Of  course,  by  that  time  the  witness 
had  been  thoroughly  warned,  so  we  had  to  let  it  go.  But  I  will 
say,  for  the  credit  of  my  friend  Charley  Stephens,  that  the  worst 
I  ever  heard  him  get  off  on  any  occasion  of  that  kind  was  "By 
golly,  he  didn't  say  it."  (Laughter.)  Just  that  way.  All  that 
know  me  can  appreciate  that  no  soft  pedal  talk  like  that  was 
sufficient  to  meet  the  exigencies  of  my  feelings  (laughter),  and 
what  I  would  say,  well,  you  can  imagine. 

Those  admiralty  cases  were  nearly  all,  so  far  as  I  was  con- 
cerned, collision  cases.  And  in  the  admiralty  collision  cases 
there  were  only  three  points  conceded;  everything  else  was  con- 
tested from  start  to  finish.  Now,  the  three  conceded  points 
were  first,  that  there  was  a  river  (laughter),  then  there  had  to  be 
two  boats  or  two  water-craft  or  else  you  couldn't  have  a  colli- 


Cincinnati  Bar  Association  41 

sion,  and  then  there  was  the  colHsion  itself.  Of  course, 
Charley's  crew  was  there  and  my  crew  was  there;  but  the  further 
stunt  in  every  case,  was  to  try,  to  find  some  fellow  that  was  on 
shore  and  witnessed  the  whole  performance  (laughter) — a 
witness  who  had  some  credibility;  we  had  to  try  to  get  some  fel- 
low who  had  been  out  squirrel  hunting,  who  was  standing  behind 
a  tree  so  that  he  could  see  everything,  but  was  where  he  himself 
could  not  be  seen  by  the  crews  on  the  boats  (laughter);  and 
there  was  no  chance  to  contradict. 

T.  D.  Lincoln  was  one  of  the  eminent  members  of  the  bar. 
Judge  Hoadly  used  to  tell  a  story  on  him;  he  sometimes  had 
admiralty  cases  that  were  not  collision  cases,  sometimes  his 
boat  would  be  charged  with  a  common  carrier's  liability,  and 
if  my  friend,  Mr.  Lincoln,  couldn't  think  up  any  other  defense 
he  always  got  up  a  defense  of  act  of  God,  and  as  Judge  Hoadly 
used  to  say,  every  such  act  of  God  consisted  of  sudden  gusts  of 
wind  manufactured  in  T.  D.  Lincoln's  back  office.  (Laughter.) 
He  had  a  common  law  case  of  a  passenger  on  an  up-river  steam 
boat,  injured  when  the  boiler  let  go.  The  man  was  scalded 
in  a  most  terrible  manner.  I  think  it  was  Governor  J.  D.  Cox 
and  Mr.  Follett  who  brought  the  suit,  and  Mr.  Lincoln,  of 
course,  was  defending  it.  Gus  Fisher  was  a  noted  steam-boat 
inspector  in  those  days — possibly  some  of  you  here  may  remem- 
ber him — and  was  on  the  witness  stand  for  the  plaintiff,  and 
when  Mr.  Lincoln  came  to  cross-examine  him  he  roared  out  at 
him,  "Mr.  Fisher,  when  the  boiler  of  a  steam  boat  explodes, 
where  is  the  safest  place?"  and  Fisher,  as  quick  as  a  flash  said, 
"Five  miles  in  the  country."  What  Mr.  Lincoln  intended  to 
ask  him  was,  "When  a  steamboat  boiler  explodes,  where  is  the 
safest  place  on  the  boat,"  because  they  had  charged  contribu- 
tory negligence;  claiming  that  the  passenger  had  been  guilty  of 
contributory  negligence,  because  he  stood  too  near  the  boiler. 

There  was  a  kind  of  tradition  in  those  days  that  nobody  could 
beat  the  Lincoln  firm  in  an  admiralty  case,  and  I  don't  believe 
in  all  my  strenuous  exertions  I  ever  overcame  that  tradition  but 
once;  and  that  was  a  case  of  a  collision  at  a  bend  down  here  in 
the  Ohio  River.  And  I  often  look  back  at  that  case,  because 
there  was  something  romantic  about  it,  especially  about  the 


42  Fiftieth  Anniversary 

nomenclature  that  hung  about  that  case.  The  collision 
occurred  between  Aurora  and  Rising  Sun  (laughter),  and  my 
steamboat  was  called  the  Golden  Rule.  That  was  a  kind  of  a 
case  which  you  may  imagine  a  fellow  would  go  into  with  con- 
siderable glow.  One  of  Charley  Stephens'  barges,  belonging  to 
a  tow  going  down  the  river,  had,  for  some  reason,  I  never  yet  have 
understood,  been  cut  loose  from  the  rest  of  the  bunch  and  went 
sailing  gaily  down  the  current,  right  in  the  channel  and  hit 
plumb  on  the  head  of  my  up-stream  boat;  and  the  barge  got 
split  in  two  and  its  cargo  of  coal  was  spilled  in  the  water.  He 
took  the  position  that  my  boat  had  no  business  to  be  in  the  river  at 
all  when  his  barges  wanted  to  come  down.  Well,  the  case  came 
on  for  trial;  and  was  tried  here  before  Judge  Hammond  from 
Memphis,  Tennessee,  sitting  by  designation;  and  when  Judge 
Hammond  handed  down,  or  announced  his  decision  in  my  favor, 
Charley  Stephens  leaned  over  the  table  towards  me  and  said, 
"Of  course,  I  might  have  expected  that;  that  is  just  what  I 
expected;  that  Judge  was  in  the  rebel  army  and  he  knows  you 
were  there  too."  (Laughter.)  "What  chance  has  a  loyal  man 
got  under  those  circumstances,  by  golly."  It  is  extraordinary, 
the  excuses  that  lawyers  will  sometimes  give  for  getting  beat 
in  a  lawsuit! 

Now,  I  am  going,  at  the  expense  of  being  a  little  personal 
(laughter) — I  have  been  extremely  personal  I  fear — I  am  going 
to  tell  a  little  something  in  regard  to  my  early  struggles  at  this 
bar,  and  those  early  struggles  were  not  conducted  under  the 
most  flattering  circumstances  looking  towards  success.  I  had 
a  little  office  up  here  at  the  north-east  comer  of  Fourth  and 
Walnut,  over  John  D.  Park's  drugstore;  the  furnishings  of  that 
office  consisted  in  part  of  one  desk — a  small,  narrow  desk  just 
wide  enough  to  accommodate  one  person — and  two  chairs,  in 
one  of  which  I  sat,  the  other  was  most  hopefully  located  for  the 
client,  who  rarely  came  in.  There  was  matting  on  the  floor  and 
an  old-fashioned  egg-shaped  coal  stove  in  the  center  of  the 
room.  If  I  recollect  aright  my  library  consisted  of  Swan's 
Treatise  and  a  book  on  habeas  corpus.  (Laughter.)  It  was 
perfectly  natural  that  I  should  have  the  Swan's  Treatise,  but 
where  the  devil  that  book  on  habeas  corpus  came  from  I  couldn't 


Cincinnati  Bar  Association  43 

say;  and  although  I  read  it  in  my  moments  of  leisure — and  I  had 
many  of  them — I  give  you  my  word  that  in  the  fifty  years  of 
my  practice  I  have  never  had  a  case  of  habeas  corpus.  (Laugh- 
ter.) 

I  was  imprudent  enough  on  one  occasion  to  take  an  account  of 
cash  on  hand,  and  while  I  sat  looking  hopefully  at  that  vacant 
chair,  I  counted  my  cash  and  I  found  to  my  dismay  that  I  had 
exactly  three  cents;  I  stuck  that  three  cents  carefully  in  my 
pocket,  so  I  could  pay  toll  over  the  Ohio  bridge,  because  I  was 
then  boarding  in  Covington,  and  I  sat  there  looking  still  more 
hopefully  into  that  vacant  chair,  wishing  that  a  notary  fee 
might  come  along  to  enable  me  to  get  lunch  at  old  John 
Cavagna's,  Fifth  Street,  where  the  lunch  consisted  of  a  cup  of 
coffee  and  a  roll  and  a  slice  of  ham,  which  we  would  eat  off  the 
top  of  a  barrel  in  the  back  of  his  grocery,  where  he  kept  his  lunch 
counter. 

Mr.  Charles  H.  Stephens — ^And  very  good,  too. 

Hon,  Edward  Colston — Yes,  and  very  good;  it  had  to  be. 
(Laughter.) 

Now,  I  want  to  say  that  in  those  early  days  there  were  two 
men  in  this  community  that  helped  me  as  much  as  two  men  ever 
helped  a  struggling  young  fellow,  and  I  am  going  to  express  the 
warm  impulse  of  my  heart  by  making  cordial  acknowledgment 
that  both  of  those  men  were  Jews.  Maurice  William  Meyers 
was  one  of  those  early  friends;  how  that  friendship  originated  I 
really  don't  remember  exactly,  except  I  think  it  arose  on  an  occa- 
sion when  I  went  into  the  library  before  I  had  money  enough  to 
pay  for  the  admission,  and  he  came  to  kick  me  out,  and  I  talked 
to  him,  and  pleaded  with  him  in  that  soft,  modest  voice  which 
I  have  never  found  since! 

Mr.  Meyers  was  a  very  unusual  man;  many  of  these  younger 
members  of  the  bar  don't  know  anything  about  him,  don't  know 
anything  about  any  such  man.  He  was  not  a  man  bred  to  the 
law.  I  doubt  it  he  was  a  man  of  academic  education;  I  think 
I  have  heard  he  was  not;  on  the  contrary,  I  think  he  went  really 
from  a  clothing  store  to  the  law  library;  but  he  was  a  man  of  a 
great  deal  of  ability,  and  possessed  a  powerful  intellect,  and  had 
a  great  sense  of  humor,  and  a  biting  sarcasm  that  was  very 


44  Fiftieth  Anniversary 

dangerous  to  run  up  against.  For  I  remember  on  one  occasion 
there  was  a  great  murder  trial  going  on  in  what  we  in  those  days 
called  room  No.  5 — God  bless  old  room  No.  5 — there  were  many- 
criminal  cases  tried  in  that  room,  and  I  believe,  sir,  that  some 
divorce  cases  were  actually  tried  in  that  room  (laughter) — 
and  George  E.  Pugh,  one  of  the  greatest  advocates,  one  of  the 
greatest  lawyers  that  ever  was  connected  with  this  bar,  was 
defending  the  fellow  that  was  on  trial  for  murder.  Pugh  was 
trying  to  secure  an  acquittal  on  matters  of  law,  and  was  having 
an  awful  hard  time  of  it.  He  kept  sending  up  to  the  law  library 
for  books;  and  at  the  climax  of  his  argument  he  reached  out  for 
the  Fifth  Volume  of  Taunton,  but  found,  to  his  horror,  that  it 
was  the  Second  Volume.  He  snapped  his  fingers  for  the  mes- 
senger boy  and  said,  "Go  up  to  Mr.  Meyers  and  return  this  book 
and  tell  him  I  wanted  the  Fifth  Volume;  and  tell  him  that  the 
next  time  I  send  for  a  book  he  should  pay  more  attention  to 
his  business  and  look  more  closely  into  the  list  that  I  send." 
The  boy  had  to  skip  up  five  flights  of  iron  steps — because  there 
were  no  elevators  in  those  days — and  he  got  to  the  law  library 
in  a  state  of  exhaustion.  He  delivered  Mr.  Pugh's  message  to 
Mr.  Meyers,  and  Mr.  Meyers  got  up  from  his  seat  and  went  to 
the  shelf  and  pulled  down  the  proper  book  and  gave  it  to  the 
boy  and  said,  "Take  this  book  to  Mr.  Pugh,  and  tell  him  to  keep 
on  sending  up  for  books  and  I  will  keep  on  sending  them  down 
to  him,  and  tell  Mr.  Pugh  that  Mr.  Meyers  says  for  him  to  keep 
on  talking,  for  as  long  as  he  is  talking  his  client  is  living." 
(Laughter.)  Mr.  Meyers  used  to  keep  his  street  costume  in 
his  locker  during  the  times  when  the  law  library  was  open, 
because  he  had  to  do  work  there.  The  county  commissioners 
were  pretty  mean  in  those  days,  they  made  my  friend  Meyers 
do  most  of  the  janitor  work.  But  when  he  put  on  that  suit  of 
clothes  at  the  time  that  the  library  was  closed  for  the  day  he 
was  a  grand  figure — and  I  am  saying  this  with  the  love  that  I 
have  for  him — for  I  want  you  people  to  know  him.  That 
costume  consisted  of  a  white,  well-brushed  beaver  hat,  a  cloth 
suit  beautifully  brushed,  low  cut  vest  displaying  an  expanse  of 
the  whitest  linen  you  could  possibly  imagine  and  of  the  finest 
character,  shirt  front  held  together  by  three  beautiful  twinkling 


Cincinnati  Bar  Association  45 

diamonds,  a  flower  in  his  lapel,  patent  leather  pumps  showing 
just  the  requisite  amount  of  white  stocking,  white  gloves  on  his 
hands.  And  when  he  turned  into  Main  Street  from  the  Court- 
house people  who  didn't  know  him  said,  "Who  is  that?"  and 
people  who  did  know  him  said,  "That  is  the  Law  Librarian!" 
(Laughter.)  I  loved  Bill  Meyers;  I  hope  that  he  is  having  as 
good  a  time  tonight  as  we  are  having  here. 

Now,  Mr.  President,  I  understand  you  to  say  that  this  is 
the  fiftieth  anniversary  of  the  Cincinnati  Bar  Association? 

President  Pogue — So  said  the  announcement. 

Hon.  Edward  Colston — Well,  that  carries  us  back  to  the  year 
1872  if  my  arithmetic  is  right.  I  want  to  tell  you  of  some  of 
the  things  for  which  the  year  1872  was  illustrious:  One  was  the 
fact  that  it  was  the  birth  year  of  this  Association,  and  the  other 
is  that  it  was  the  year  in  which  my  great,  distinguished  partner 
became  a  democrat.  (Laughter.)  And  all  who  know  him  and 
have  seen  his  career  since  can  bear  witness  that  from  that  time 
to  the  present  he  has  never  allowed  a  blade  of  grass  to  grow 
under  his  feet  in  the  political  field.  He  began  by  being  judge 
of  the  Common  Pleas  Court  on  one  side  of  the  Court  House, 
and  judge  over  and  over  again  on  the  other  side  of  the  Court 
House,  which  was  the  Superior  Court,  and  then  after  being  a 
partner  of  mine  for  awhile  he  went  on  to  Columbus  as  the 
democratic  Governor,  and  you  know  that  meant  something, 
because  the  State  of  Ohio  wasn't  much  given  in  those  days  to 
having  democratic  Governors.  And  the  rule  was  that  when  the 
State  of  Ohio  had  submitted  to  one  democratic  Governor's 
term,  it  had  to  take  a  long  period  of  repose  and  recuperation 
before  it  repeated  the  dose.  (Laughter.)  But  this  man  Har- 
mon broke  that  rule  by  succeeding  himself,  and  in  breaking  that 
rule  he  rolled  up  the  most  phenomenal  majority  that  has  ever 
been  known  in  the  State  of  Ohio,  namely  a  hundred  and  one  or 
two  thousand  majority,  and  in  rolling  up  that  majority  of  over 
a  hundred  thousand  he  beat  the  man  that  is  now  in  the  White 
House  at  Washington,  and  let  me  tell  you  that  that  man  is 
making  one  of  the  best  Presidents  the  United  States  has  ever 
had.     (Prolonged   applause.)     Now,    that   was   going   some. 


46  Fiftieth  Anniversary 

Now,  whether  that  was  because  of  his  associations  with  me  I 
don't  know. 

A  voice  in  the  audience — Louder. 

Hon.  Edward  Colston — What  did  you  say,  louder?  I  will  say, 
my  friends — I  don't  know  whether  I  am  logical  in  making  this 
assertion  or  not — that  a  climax  is  only  illuminated  by  having  an 
anti-climax;  so  when  we  are  speaking  about  the  famous  things 
that  happened  in  1872,  I  should  not  omit  that  in  that  year  a 
imique  member  of  this  Bar — little  Sam  Crawford — was  elected 
Mayor  of  Glendale.  Now  you,  sir,  Mr.  President,  live  in  what 
was  formerly  the  village  of  Chfton;  and  I  will  say  that  when  Clif- 
ton was  a  village  it  considered  itself  some  pumpkins  as  an  incor- 
porated village;  but  I  want  to  tell  you  that  the  Village  of  Glen- 
dale was  always  the  highbrow  suburb  of  Cincinnati.  In  Glen- 
dale lived  such  men  as  Stanley  Matthews,  one  of  the  greatest 
lawyers,  I  was  going  to  say,  of  this  Bar,  but  he  was  one  of  the 
greatest  lawyers  of  the  country,  and  he  was  afterwards  Justice 
of  the  Supreme  Court,  and  the  great  law-book  seller,  Robert 
Clarke;  the  railroad  magnate  R.  M.  Shoemaker,  not  to  mention, 
I  cannot  fail  to  mention,  that  most  delightful  man  and  accom- 
plished lawyer,  Samuel  J.  Thompson,  a  one-time  partner  of  my 
friend  on  the  left.  And  it  was  conceived  that  it  would  be  a 
singularly  fitting  thing  if  such  a  distinguished  municipality  as 
Glendale  should  have  for  its  mayor  such  a  distinguished  man  as 
Stanley  Matthews,  and  accordingly  he  agreed  to  run  for  Mayor. 
Now,  some  mischievous  fellow  walked  up  to  little  Sam  Crawford 
and  said  to  Sam,  "Now,  Sam,  if  you  could  only  beat  Judge 
Matthews  for  Mayor  of  Glendale,  it  would  be  the  greatest 
feather  you  ever  had  in  your  cap."  Well,  Sam  said  he  believed 
he  would  try  it  on,  and  he  was  put  on  some  sort  of  ticket — I 
don't  know  what  kind  it  was — but,  anyway, when  the  votes  were 
counted  Sam  was  elected  Mayor  of  Glendale  and  Judge  Mat- 
thews was  not. 

Well,  Sam's  supporters  celebrated  the  occasion  by  getting  up 
a  great  torch-light  procession,  and  in  order  to  give  Sam  time  to 
make  up  his  speech,  they  wound  around  and  in  and  about  those 
serpentine  avenues  for  which  Glendale  is  famous;  and  finally 
they  reached  Sam's  house.     Of  course,  he  was  on  the  stoop,  and 


Cincinnati  Bar  Association  47 

made  his  speech,  and  after  it  was  over  and  the  band  had  ceased 
to  play  and  the  torches  were  extinguished  and  the  crowd  had 
dissolved  and  gone  away,  Sam  turned  into  the  house  and  there 
he  met  his  demure,  good  wife.  She  said  to  him,  "Why,  Sam,  if 
you  are  so  great  as  to  have  all  of  this  fuss  made  over  you,  what 
am  I?"  He  looked  at  her  for  a  moment  and  said,  "You  are  the 
same  old  fool  you  always  was."     (Laughter.) 

And  now,  my  friends,  the  only  claim  to  distinction  I  have  is 
in  the  kind  of  partners  I  have  had.  I  have  had  partners  who 
were  judges  and  governors;  two  of  them  governors,  and  one  of 
them  governor  twice,  attorney-general  of  the  United  States, 
and  all  the  while,  what  am  I?  I  am  in  the  category  of  Craw- 
ford's wife! 

Mr.  President,  there  are  men  here  young  enough  to  take  part 
in  the  centennial  celebration  of  this  Association,  I  feel  sure  that 
those  of  us  who  are  not  young  enough  for  that,  who  cannot  be 
there  in  the  flesh,  we  assure  you  we  will  be  there  in  spirit.  (Pro- 
longed appaluse.) 

President  Pogue — Last  evening  I  had  the  pleasure  to  be  in  the 
City  of  Cleveland,  Ohio,  at  a  dinner  given  there,  and  among  the 
guests  at  the  table  was  one  of  the  judges  of  the  Court  of  Appeals 
of  this  county,  and  some  one,  in  responding  to  a  toast,  made  the 
remark  that  this  judge  had  been  elected  judge  of  the  Court  of 
Appeals  by  carrying  every  county  in  the  circuit  and  every  pre- 
cinct in  Hamilton  County.  One  of  his  associates  said  to  me 
across  the  table,  "Do  you  know  why  that  was?"  I  said,  "No." 
He  replied,  "Why,  they  thought  they  were  voting  for  his 
father."  (Laughter.)  I  take  pleasure  in  now  introducing 
Judge  Morris  L.  Buchwalter,  the  distinguished  father  of  this 
distinguished  judge.     (Applause.) 


48  Fiftieth  Anniversary 


ADDRESS  OF 
HON.  MORRIS  L.  BUCHWALTER 

Mr.  Chairman,  and  Brethren  of  the  Bar: 

This  is  a  very  favorable  side  of  the  table  to  sit  upon;  you  have 
just  seen  how  our  friend  Colston  has  retried  all  of  his  cases  with 
Charley  Stephens  (laughter),  and  under  such  circumstances  that 
Stephens  cannot  reply;  I  expect,  however,  that  Mr.  Stephens 
will  sometime  have  an  opportunity  to  get  even. 

I  don't  know  how  it  is  with  the  rest  of  you,  but  those  of  us  who 
came  from  the  farms  of  the  country  will  remember  the  first  time 
in  coming  to  a  city,  that  wonderful  impression  we  received  of 
the  magnitude  of  the  buildings,  the  streets  and  all  the  surround- 
ings. And  this  experience  may  be  my  excuse  in  measuring  the 
strength  of  the  leaders  of  this  Bar  in  1872,  for  I  may  magnify  in 
my  memory  their  value  and  standing  at  the  bar;  when  we  think 
of  (ieorge  E.  Pugh,  of  Stanley  Matthews,  Hoadly,  Stallo,  Kitt- 
ridge.  King,  and  others — all  men  of  great  character  as  well  as 
great  ability  at  the  Bar,  I  cannot  do  so,  without  asking  myself, 
"Have  we  measured  up  to  their  great  leadership,  in  the  latter 
years  of  our  lives,  and  of  this  Bar?" 

I  remember  when  I  was  a  law  student  of  passing  into  the 
Superior  Court  room  and  hearing  George  E.  Pugh,  Senator  Pen- 
dleton, General  Cox  and  others  in  some  marine  insurance  case, 
involving  ships  on  the  Ohio  River,  and  of  how  impressed  I  was 
with  the  grace  and  the  learning  of  the  addresses  of  General  Cox 
and  of  Senator  Pendleton,  but  more  impressed  with  the  power 
and  strength  of  the  argument  made  by  Mr.  Pugh. 

I  remember  being  in  the  court  room  in  general  term  when 
Stanley  Matthews  was  discussing  the  Bible  in  the  Public  Schools 
to  Judges  Storer,  Alphonso  Taft  and  M.  B.  Hagens,  and  that 
Stanley  Matthews  had  stated  his  final  premise,  but  before 
stating  his  conclusion.  Judge  Storer  leaned  over  the  rostrum, 
with  his  crooked  index  finger  and  stated  the  conclusion:    Mat- 


Cincinnati  Bar  Association  49 

thews  said,  "I  did  not  say  that,"  and  Judge  Storer  said,  "But  you 
were  just  about  to  say  it,"  and  Judge  Matthews  replied,  "//  your 
Honor  knows  what  I  am  about  to  say,  then  it  is  useless  for  me  to 
proceed  further;"  but  after  some  explanations  he  continued  in 
the  argument. 

Another  time  I  passed  into  the  same  general  term,  when 
Timothy  Lincoln  and  Edgar  M.  Johnson  were  presenting  a  case 
to  the  Court,  and  Mr.  Johnson  had  cited  some  authority  in  one 
of  the  Ohio  Supreme  Court  Reports,  and  Lincoln,  holding  the 
volume  in  his  hand,  said  to  the  Court — (and  I  remember  how  he 
said  it,  with  his  large  stomach  protruding  over  the  table — for  he 
was  a  powerful  man  physically  as  well  as  mentally) —  "If  your 
Honors  find  anything  in  this  decision  applicable  to  the  case  at 
bar,  I  will  agree  to  eat  the  book."  "Oh,  well,"  said  Johnson,  "the 
Court  will  take  judicial  notice  that  you  are  hog  enough  to  eat 
anything."  (Laughter.)  I  have  told  that  incident  just  be- 
cause it  illustrated  some  of  our  Court  proceedings;  it  is  not  in- 
tended as  any  criticism,  or  to  sanction  any  criticism  of  Mr. 
Lincoln  or  Mr.  Johnson. 

In  latter  days,  when  I  was  on  the  bench,  we  were  trying  to  a 
jury  a  case  where  Mr.  Robert  Fulton  was  for  the  plaintiff  and 
Judges  Guthrie  and  Yaple  were  for  the  defendant.  The 
presence  of  Mr.  Fulton  here  tonight  reminds  me  of  the  details 
of  the  case.  Fulton  was  persistent  in  his  cross-examination  of 
the  defendant  to  produce  a  supplemental  agreement,  which  he 
claimed  his  chent  had  made  with  the  defendant,  and  with  all 
his  eyes  he  was  peering  at  the  pocket  of  the  defendant,  which 
was  bulging  with  documents;  he  pressed  him,  and  pressed  him, 
until  Judge  Guthrie  became  impatient  and  restless  at  the 
spirited  indictment  of  his  client,  and  generously  said  to  his 
client  on  the  witness  stand,  "Just  deliver  the  papers  in  that 
pocket  to  Mr.  Fulton  and  let  him  pick  out  any  paper  that  he 
can  find  there."  And  Fulton  very  promptly  accepted  the  pro- 
position, and  found  among  those  papers  the  supplemental 
agreement  which  Judge  Guthrie's  client  had  denied  he  had. 
Of  course,  that  testimony  immediately  won  him  the  verdict  of 
the  jury.  I  shall  never  forget  Judge  Guthrie's  argument  on 
the  motion  for  a  new  trial.     He  closed  saying,  "There  is  another 


50  Fiftieth  Anniversary 

reason,  we  were  confronted  with  a  live,  energetic  young  man, 
and  the  defense  was  represented  by  two,  old  broken  down  ex- 
judges."  (Laughter.)  It  is  a  late  hour,  but  I  can  not  close 
this  brief  reminiscence  without  mention  of  Judge  Hoadly.  He 
was  not  a  specialist  in  the  practice  of  the  law — he  was  a  general 
practitioner — active  from  morning  until  night,  as  I  believe  no 
other  man  at  this  bar  seemed  to  be,  and  yet  he  was  a  lecturer  in 
the  law  school;  he  was  interested  in  and  always  a  willing  coun- 
sellor to  young  men  at  this  bar,  I  don't  believe  any  one  of  this 
bar  has  passed  away  so  generally,  kindly  and  sympathetically 
remembered  as  Judge  Hoadly.     (Applause.) 

Your  exceeding  patience  and  attentive  listening  reminds  me 
of  a  lecture  I  heard  by  Wendel  Phillips,  in  Pike's  Opera  Build- 
ing, many  years  ago,  when  he  said  in  substance  that  it  took  far 
greater  intelligence  and  ability  to  be  a  good  listener,  than  it 
did  to  be  a  good  speaker. 

You  have  tonight  attested  the  wisdom  of  that  statement,  for 
you  have  been  the  most  attentive  listeners  through  this  whole 
ceremony  it  has  been  my  good  fortune  to  know. 

President  Pogue — Governor  Harmon  has  told  you  of  the  exis- 
tence of  the  Junior  Bar,  and  of  the  fact  that  certain  members  of 
it  still  survive.  The  last  speaker  on  our  program  for  the  night 
is  one  of  these  survivors.  When  we  began  to  look  in  Who's 
Who  in  the  official  book  of  the  Court  House,  we  could  not  find 
any  record  of  his  birth.  Probably,  he  can  tell  you  how  long  or 
how  short  a  time  ago  it  was.  From  his  physical  activity,  as  we 
all  know  him,  he  will  be  charged  with  being  on  of  the  members 
of  the  Junior  Bar,  although  a  survivor  of  fifty  years  ago.  I  am 
sure  it  will  be  a  pleasure  to  hear  from  Charles  B.  Wilby. 
(Applause). 


Cincinnati  Bar  Association  51 


ADDRESS  OF 
HON.  CHARLES  L.  WILBY 

Mr.  President  and  Brethren  of  the  Bar: 

It  is  quite  fitting  that  we  should  celebrate  this  occasion.  We 
have  good  reason  to  be  proud  of  the  old  Bar  of  Cincinnati. 
The  names  of  those  great  men,  some  of  whom  have  been  men- 
tioned, are  household  words  in  this  community.  As  evidence 
of  the  estimation  of  the  Cincinnati  Bar  by  the  country  at  large, 
I  will  mention  two  historical  facts  that  are  often  overlooked. 

At  the  only  trial  of  a  President  of  the  United  States  for  im- 
peachment, two  Cincinnati  lawyers  were  leading  counsel  on 
each  side.  Henry  Stanbery  represented  the  Government  as 
Attorney-General  of  the  United  States,  and  William  S.  Groes- 
beck  represented  the  defendant. 

Also,  there  was  the  case  of  Tilden  vs.  Hayes,  before  the  Elec- 
toral Commission,  the  greatest  lawsuit  the  world  ever  saw,  for 
on  the  outcome  of  that  suit  depended  the  chief  magistracy  of 
the  greatest  country  in  the  world.  No  other  law-suit  has  ever 
involved  so  much.  In  that  great  contest  two  Cincinnati  law- 
yers, George  Hoadly  and  Stanley  Matthews,  were  among  the 
counsel  actively  engaged. 

Furthermore,  we  have  reason  to  be  proud  of  the  Cincinnati 
Bar  Association,  not  only  for  what  it  has  done,  but  from  the  fact 
that  it  is  the  oldest  bar  association  west  of  the  Allegheny 
Mountains.  I  believe  there  was  one  other  organized  a  year 
earlier,  but  it  died  and  had  to  be  revived,  while  our  Association 
has  never  lost  its  vigor  and  vitality  since  the  day  it  was  bom. 

When  this  Association  was  organized  in  1872,  there  were 
about  387  members  of  the  bar  in  Cincinnati.  Our  last  directory 
shows  over  950  lawyers.  Instead  of  twenty-two  judges  who 
now  sit  in  Cincinnati,  there  were  only  eight  judges  and  four 
justices  of  the  peace  until  1871,  when  the  number  of  Common 
Please  Judges  was  increased  from  three  to  five,  so  that  there 


52  Fiftieth  Anniversary 

were  at  the  time  of  the  formation  of  the  Association,  ten 
judges,  five  Common  Pleas,  three  Superior  Court,  one  Probate 
and  one  PoHce  Judge. 

The  judges  of  the  Superior  Court  sat  in  General  Term  to 
review  the  decisions  of  that  court,  and  three  of  the  judges  of  the 
Common  Pleas  Court  sat  as  a  District  Court  to  review  its 
decisions. 

The  Superior  Court  was  a  great  court.  Gholson,  Spencer 
and  Storer  had  made  its  decisions  valued  throughout  the  State. 
Gholson  and  Spencer  were  succeeded  by  Alphonso  Taft  and 
Marcellus  B.  Hagans,  who,  with  Justice  Storer,  composed  that 
bench  until  early  in  1872,  when  Storer  and  Taft  resigned,  and 
by  appointment  their  places  were  filled  by  John  N.  Miner  and 
J.  Bryant  Walker,  who  was  the  son  of  Judge  Timothy  Walker, 
who  wrote  "Walker's  American  Law,"  and,  with  Judge  Bates, 
J.  Bryant  Walker  made  the  first  good  Ohio  Digest.  Neither 
Miner  nor  Walker  were  re-elected,  and  their  places  were  filled 
by  Judges  Alfred  Yaple  and  Timothy  O'Connor. 

The  Common  Pleas  Court  up  to  1872  was  composed  of  Man- 
ning F.  Force,  Charles  Murdock  and  Joseph  Cox.  Late  in  1871 
Judges  Avery  and  Burnet  were  added  to  that  bench.  The 
Common  Pleas  Court  in  those  days  was  also  a  great  court. 
The  judges  were  allowed  to  serve  term  after  term,  and  in  every 
year  of  their  service  their  usefulness  and  efficiency  were  in- 
creased. There  are  some  lawyers  here  who  have  influence  with 
the  powers  that  be,  and  that  influence  should  be  used  to  keep 
on  the  bench  as  long  as  possible  every  good  man  who  is  willing 
to  continue  to  serve.  In  the  old  days  judges  of  either  party 
were  sometimes  returned  without  opposition  from  the  opposing 
party.  This  was  the  case  with  Judge  Force  and  Judge  Avery. 
Judge  Force  served  on  the  Common  Pleas  bench  for  ten  years, 
and  afterward  was  elected  to  the  Superior  Court  bench.  Judge 
Murdock  and  Judge  Cox  each  served  for  fifteen  years.  Judge 
Avery  served  thirteen  years  and  Judge  Burnet  eleven  years. 

When  this  Association  was  organized  the  Probate  Judge  was 
George  F.  Hoeffer,  whose  red  necktie  is  particularly  bright  in 
my  memory.  He  was  succeeded  by  William  L.  Tilden,  who 
served  only  a  few  months,  and  Albert  Paddack,  who  had  been 


Cincinnati  Bar  Association  53 

the  issuing  deputy  or  chief  clerk,  was  appointed  and  served 
until  the  next  election,  when  Isaac  B.  Matson,  who  had  been 
the  partner  of  Tom  Paxton,  was  made  Probate  Judge,  and  as 
such  gave  good  service  for  many  years,  his  term  of  service 
being  longer  than  that  of  any  other  Probate  Judge  except  Judge 
Lueders. 

The  judges  of  the  Supreme  Court  then  were  Mcllvaine, 
Welsh,  White,  Day  and  West.  They  were  all  great  lawyers. 
Judge  Mcllvaine  had  a  clear  and  hard  head.  It  is  said  of  him 
that  one  morning,  after  a  banquet  which  the  court  had  at- 
tended, when  he  went  into  the  consultation  room  before  going 
on  to  the  bench,  one  of  his  colleagues,  knowing  that  he  had  not 
refused  the  night  before  to  look  upon  the  wine  without  reference 
to  its  color,  remarked  on  his  good  appearance,  and  said,  "You 
look  all  right  this  morning.  Judge."  "Oh,  yes,"  said  Mcllvaine, 
"I  am  all  right;  I  issued  a  scire  facias  to  revive  my  judgment." 

The  first  Recording  Secretary  of  the  Bar  Association  was 
Israel  Ludlow,  the  grandson  of  the  original  settler  Israel 
Ludlow.  He  had  a  tall  commanding  figure  and  was  beloved  by 
every  one  who  knew  him.  Weak  lungs  compelled  him  to  go  to 
San  Antonio  shortly  after  the  organization  of  the  Bar  Associa- 
tion, and  his  place  of  Recording  Secretary  was  taken  by  Dana 
Horton. 

Dana  Horton  was  the  brother-in-law  of  Judge  Force,  and  son 
of  Valentine  B.  Horton,  of  Pomeroy.  He  was  a  man  of  fine 
presence,  tall  and  well  proportioned,  and  no  one  who  ever  heard 
him  sing  can  forget  his  charming  voice.  In  those  days,  when 
the  Bar  Association  was  small,  some  of  us  used  to  get  together 
after  the  business  meeting,  and  tell  stories  and  sing  songs. 
Thornton  Hinkle  always  had  some  good  songs,  and  Dana 
Horton  often  brought  down  the  house  with  his  song  beginning: 

"On  the  first  day  of  March  it  was,  some  people  say 
That  St.  Patrick  at  midnight  first  saw  the  day, 
While  others  declared  it  was  the  ninth  he  was  born 
And  'twas  all  a  mistake  between  midnight  and  morn. 
For  mistakes  will  occur  in  a  hurry  and  shock. 
And  some  blamed  the  baby  and  some  blamed  the  clock, 
Yet  with  all  their  cross  questions,  sure  no  one  could  know 
If  the  clock  was  too  fast  or  the  baby  too  slow." 


54  Fiftieth  Anniversary 

and  then,  after  describing  the  faction  fights  in  Ireland  over  that 
controversy,  his  song  went  on: 

"And  Father  Mulcahey,  who  showed  them  their  sins, 
Said  'No  one  could  have  two  birthdays,  barring  twins. 
Boys,  don't  always  be  fighting,  but  sometimes  combine, 
Combine  eight  with  nine  and  seventeen  is  the  mark, 
So  let  that  be  his  birthday.'     'Amen,'  said  the  clerk." 

When  this  Association  was  organized  we  had  no  regular 
reports  of  the  decisions  of  our  local  courts.  The  Weekly  Law 
Bulletin  did  not  begin  until  1876.  The  decisions  of  the  Superior 
Court  had  been  reported  by  Handy  &  Disney,  and  in  1870  and 
1871,  Charles  P.  Taft  and  Bellamy  Storer  edited  the  first  vol- 
ume of  the  Cincinnati  Superior  Court  Reporter.  In  1872  and 
1873,  Charies  P.  Taft  and  his  brother,  Peter  R.  Taft,  edited 
the  second  volume  of  that  useful  series. 

Few  of  you  knew  Peter  R.  Taft.  He  was  the  valedictorian 
of  the  Class  of  1867  at  Yale,  and  was  a  very  studious  and  learned 
lawyer,  but  his  health  broke  down  and  his  mind  gave  way  under 
the  strain  of  continuous  hard  work.  An  example  of  this  is  his 
remarkable  brief  in  the  case  of  Levy  vs.  Earl,  decided  by  the 
Supreme  Court  in  1876,  involving  the  question  of  the  liability 
of  a  married  woman's  separate  estate  for  her  contractual  obliga- 
tions. The  report  of  that  case  gives  a  sunmiary  of  the  brief  of 
A.  Taft  and  Sons,  written  by  Peter  R.  Taft,  for  the  defendant 
in  error.    That  brief  was  an  exhaustive  treatise  on  the  subject. 

Other  than  those  reports  of  the  Superior  Court,  there  was  no 
other  record  of  our  local  decisions  except  that  made  by  the  then 
Court  reporter  of  the  Commercial,  an  Englishman  named 
Shinkwin  who  had  been  a  solicitor  or  barrister  in  England. 
His  court  reports,  published  for  many  years  in  that  paper,  were 
an  intelligent  record  of  what  the  local  courts  were  doing,  and 
many  lawyers  at  that  time  preserved  them.  I  have  in  a  scrap 
book  Shinkwin's  reports  carefully  indexed,  which  for  some  years 
was  almost  a  necessary  part  of  a  Cincinnati  Law  Library. 

In  1876  a  provision  was  made  for  a  sub-organization  of  the 
younger  members  of  the  bar,  the  object  of  which  was  perhaps 
something  like  the  Lawyer's  Club  which  we  have  today.  A 
committee  was  appointed  for  the  purpose  of  preparing  a  plan  for 


Cincinnati  Bar  Association  55 

that  sub-organization,  and  submitted  its  report  in  January, 
1876,  in  which  the  object  of  the  sub-organization  was  said  to 
be  "the  better  acquaintance  and  mutual  improvement  of  its 
members  by  the  discussion  of  such  questions  of  law  as  can  be 
reached  without  the  details  of  pleading  and  evidence,  and  such 
literary  exercises  as  may  be  deemed  advisable."  The  name  was 
to  be  "The  Junior  Branch  of  the  Cincinnati  Bar  Association." 
That  report  was  unanimously  adopted,  but  I  can  remember 
nothing  about  the  sessions  of  that  Junior  Branch;  I  think  it 
soon  died  and  was  forgotten. 

Our  Bar  Association  has  accomplished  much  good.  The 
Committees  on  Grievances  and  Investigation  have  produced 
results  in  some  cases  noteworthy  and  of  great  benefit.  The 
Committees  on  the  Judiciary  and  Legal  Reform  have  left  traces 
of  their  good  work  throughout  our  statutes,  and  with  these 
examples  we  can  hope  that  the  association  in  the  future  will  con- 
tinue those  valuable  services  to  the  bar  and  to  the  community. 

(Applause.) 

President  Pogue — It  is  a  dehght  to  those  who  have  had  the 
good  fortune  to  hear  the  remarks  of  our  distinguished  guests  on 
this  golden  anniversary  of  the  Cincinnati  Bar.  Every  one  will 
leave  this  meeting  feeling  that  he  had  been  well  rewarded  for 
his  attendance  and  will  carry  the  recollection  of  it  throughout 
their  remaining  days. 

As  there  is  nothing  further  before  the  Association  it  will, 
therefore,  stand  adjourned. 


56  Fiftieth  Anniversary 


MEMBERS 

OF  THE 

CINCINNATI  BAR  ASSOCIATION 


HONORARY  MEMBERS 


WILLIAM  HOWARD  TAFT 
Chief  Justice  U.  S.  Supreme  Court,  Washington,  D.  C. 

WILLIAM  R.  DAY 
Justice  U.  S.  Supreme  Coiut,  Washington,  D.  C. 

LOYAL  E.  KNAPPEN 
Judge  U.  S.  Circuit  Court,  Grand  Rapids,  Mich. 

ARTHUR  C.  DENISON 
Judge  U.  S.  Circuit  Court,  Grand  Rapids,  Mich. 

MAURICE  H.  DONAHUE 
Judge  U.  S.  Circuit  Court,  Columbus,  Ohio. 

HENRY  F.  SEVERENS 
Judge  U.  S.  Circuit  Court,  Kalamazoo,  Mich. 

JOHN  E.  SATER 
Judge  U.  S.  District  Court,  Columbus,  Ohio. 

JOHN  WELD  PECK 
Judge  U.  S.  District  Court,  Cincinnati,  Ohio. 

MOSES  F.  WILSON 
Cincinnati,  Ohio. 


Cincinnati  Bar  Association 


57 


RESIDENT  MEMBERS 


John  J.  Acomb 
Eugene  Adler 
Jessie  Adler 
Albert  D.  Alcorn 
Robert  S.  Alcorn 
Ed.  F.  Alexander 
Alfred  G.  Allen 
Alfred  M.  Allen 
Marston  Allen 
Edward  S.  Aston 
Coleman  Avery 
Edward  J.  Babbitt 

Henry  Baer 
Oliver  G.  Bailey 
Charles  W.  Baker 
Edward  M.  Ballard 
Carl  E.  Basler 
Hugh  Bates 
J.  P.  Bauer 
H.  A.  Bay  less 
Vincent  H.  Beckman 
Walter  M.  Beinhart 
Charles  S.  Bell 
S.  W.  Bell 
W.  W.  Bellew 
Alfred  B.  Benedict 
Charles  C.  Benedict 
Orin  W.  Bennett 
Henry  Bentley 
Oscar  A.  Berman 
Albert  Bettinger 
Alfred  Bettman 
Gilbert  Bettman 
Howard  L.  Bevis 
Robert  Black 
Robert  L.  Black 
Hiram  C.  Bolsinger 
John  Bolsinger 
Frank  S.  Bonham 
Frank  K.  Bowman 
J.  W.  Russell  Bradford 
Dawson  E.  Bradley 
J.  D.  Brannon 
Charles  Broadwell 
Charles  W.  Broeman 
Audley  H.  Brown 
Sanford  Brown 
John  E.  Bruce 
L.  J.  Brumleve,  Jr. 


Theodore  A.  Bruhl 
Oliver  S.  Bryant 
Morris  L.  Buchwalter 
Robert  Z.  Buchwalter 
H.  J.  Buntin 
H.  C.  Busch 
William  C.  Busch 

Karl  H.  Cadwell 
John  A.  Caldwell 
Ralph  R.  Caldwell 
James  Campbell 
John  V.  Campbell 
Albert  D.  Cash 
Alfred  C.  Cassatt 
Fyffe  Chambers 
Frank  Cist 
Jas.  R.  Clark 
Ralph  E.  Clark 
Walter  W.  Clippinger 
Joel  C.  Clore 
Frederick  Closs 
Regina  B.  Closs 
William  H.  Cobb,  Jr. 
W.  C.  Cochran 
William  M.  Coffin 
Alfred  M.  Cohen 
Philip  A.  Cohen 
Nelson  J.  Cohen 
William  R.  CoUins 
Edward  Colston 
Paul  V.  Connolly 
M.  W.  Conway 
Chas.  T.  Coppock 
CHfford  F.  Cordes 
John  H.  Costello 
Frank  Wright  Cottle 
John  W.  Cowell 
W.  H.  Cowguill 
Joseph  Cox 
Calvin  S.  Cramer 
Nelson  P.  Cramer 
Oliver  L.  Creed 
William  J.  Creed 
Powell  Crosley 
Jay  W.  Curts 
Wade  Gushing 

Ben  B.  Dale 
Benj.  Harvey  Dale 


Thomas  H.  Darby 
Samuel  S.  Davies 
David  Davis 
Walter  A.  DeCamp 
J.  G.  DeFosset 
Edward  A.  Dell 
Edward  J.  Dempsey 
John  C.  Dempsey 
Joseph  B.  Derbes 
Richard  T.  Dickerson 
Frank  F.  Dinsmore 
Edward  T.  Dixon 
Oliver  M.  Dock 
Louis  J.  DoUe 
Frank  J.  Dorger 
Chas.  E.  Dornette 
George  A.  Dornette 
John  H.  Druffel 
Anthony  B.  Dunlap 
C.  Homer  Diu-and 
Chester  S.  Dun- 
John  O.  Eckert 
William  A.  Eggers 
Thomas  J.  Elliott 
John  D.  Ellis 
Chas.  H.  Elston 
Harry  E.  Engelhardt 
Richard  P.  Ernst 
Arthur  Espy 
Charles  E.  Everett 
Geo.  F.  Eyrich,  Jr. 

Howard  Ferris 
Otis  H.  Fisk 
Charles  J.  Fitzgerald 
John  E.  Fitzpatrick 
Carl  T.  Foley 
Amos  P.  Foster 
Bernard  C.  Fox 
W.  F.  Fox 
Robert  Franken 
Robert  Elliott  Freer 
Frank  H.  Freericks 
A.  Julius  Freiberg 
Leonard  H.  Freiberg 
Gerritt  J.  Fredricks 
Harry  F.  Freking 
Jonas  B.  Frenkel 
Harry  H.  Friedman 


58 


Fiftieth  Anniversary 


Max  Friedman 
Henry  G.  Frost 
Alfred  T.  Fulford 
Robert  S.  Fulton 

Andrew  C.  Gallagher 
John  Galvin  (Deceased) 
Albert  H.  Graef 
Leonard  Garver,  Jr. 
John  N.  Gatch 
Lewis  N.  Gatch 
Loren  G.  Gatch 
Alfred  T.  Geisler 
S.  Geismar 
J.  Paul  Geoghegan 
W.  A.  Geoghegan 
Henry  K.  Gibson 
G.  A.  Ginter 
Edwin  Gholson 
Bernard  J.  Gilday 
Herman  P.  Goebel 
Robert  P.  Goodman 
A.  W.  Goldsmith,  Jr. 
Guido  Gores 
Frank  S.  Graydon 
Joseph  S.  Graydon 
Thos.  M.  Gregory 
Charles  Theodore  Greve 
Adolph  A.  Gruber 
Frank  R.  Gusweiler 
Ernest  R.  Gwinner 
Dennis  T.  Hackett 
Samuel  L.  Hagans 
Rufus  B.  Hall,  Jr. 
Clarence  H.  Hallman 
George  A.  Hamma 
Samuel  B.  Hammel 
Robert  P.  Hargitt 
Judson  Harmon 
George  D.  Harper 
Joseph  T.  Harrison 
Henry  G.  Hauck 
Edward  C.  Hauer 
George  S.  Hawke 
Sanford  A.  Headley 
John  C.  Healy 
Victor  Heintz 
Michael  G.  Heintz 
Jacob  S.  Hermann 
John  C.  Hermann 
Ben  L.  Heidingsfeld 
Charles  A.  Heilker 
H.  J.  Heilker 
J.  W.  Heintzman 
Andrew  Herrlinger 
Frederick  Hertenstein 
Victor  Wm.  Hertwig 


Smith  Hickenlooper 
William  A.  Hicks 
Richard  Hingson 
Frederick  W.  Hinkle 
George  Hoadly 
Nicholas  J.  Hoban,  Jr. 
Harry  M.  Hoffheimer 
Charles  W.  Hoffman 
Charles  H.  Hoffmeister 
Fred  L.  Hoffman 
Alfred  Holman 
Stephen  R.  HoUen 
Burton  P.  HoUister 
John  B.  HoUister 
Wm.  F.  Hopkins 
Louis  J.  Hoppe 
David  Howe 
B.  A.  Hulswitt 
Chas.  J.  Himt 
Henry  T.  Hunt 
Edward  M.  Hurley 
Milton  Hurtig 
Simeon  H.  Hurtig 
John  G.  Hudson 

Charles  J.  Inott 
Louis  A.  Ireton 

Carl  M.  Jacobs,  Jr. 
Ferdinand  Jelke,  Jr. 
Clyde  P.  Johnson 
Edgar  M.  Johnson 
Simeon  M.  Johnson 
Charles  D.  Jones 
Edward  H.  Jones 
Frank  Johnston  Jones 
Oliver  B.  Jones 
Orville  K.  Jones 
Stephen  W.  Jones 
James  R.  Jordan 

S.  Everett  Kaiper 
Geo,  H.  Kattenhorn 
Joseph  B.  Kelley 
Thos.  H.  Kelley 
James  John  Kilgariff 
Patrick  T.  Kilgariff 
J.  W.  Kittering 
Harry  T.  Klein 
Saul  S.  Klein 
William  J.  Klein 
August  J.  Knapp 
Walter  A.  Knight 
Herbert  F.  Koch 
J.  Louis  Kohl 
Louis  Kramer 
Robert  A.  Kramer 


RoUand  L.  Kraw 
Ralph  A.  Kreimer 
L.  Alvin  Kreis 
Wm.  Jerome  Kuertz 
George  C.  Kuhn 
Oscar  W.  Kuhn 
Frank  H.  Kunkel 

Joseph  L.  Lackner 
William  C.  Lambert 
George  R.  Landon 
Robert  A.  LeBlond 
Albert  H.  Leeker 
Carl  Lehmann 
Frank  L.  Leonard 
Joseph  Lemkuhl 
Chas.  M.  Leslie 
David  M.  Levy 
Samuel  I.  Lipp 
W.  S.  Little 
WiUiam  Littleford 
Walter  M.  Locke 
William  S.  Longley 
Nicholas  Longworth 
Edward  C.  Lovett 
Gordon  D.  Lovett 
Jesse  Lowman 
Louis  R.  Luebbert 
William  H.  Lueders 
Maurice  F.  Lyons 
Lawrence  R.  Lytle 

Malcolm  McAvoy 
Chas.  E.  McCarthy 
Henry  B.  McClure 
F.  B.  McConaughty 
C.  J.  McDiarmid 
Jas.  A.  McDonald 
CUfford  C.  McGary 
Aaron  McNeill 
Alfred  Mack 
Harry  Brent  Mackoy 
William  H.  Mackoy 
Guy  W.  Mallon 
Chas.  F.  Malsbary 
Roy  Manogue 
Harry  E.  Marble 
John  H.  Marckworth 
Walter  C.  Mardorf 
Robert  S.  Marx 
E.  H.  Matthews 
John  W.  Matthews 
Mortimer  Matthews 
Stanley  Matthews 
Charles  A.  Mauer 
Lawrence  Maxwell 
Nathaniel  H.  Maxwell 


Cincinnati  Bar  Association 


59 


Max  B.  May 
W.  B.  Mente 
Henry  W.  Merland 
Harry  V.  Metzel 
William  C.  Meyer 
Thos.  L.  Mitchie 
George  E.  Mills 
Michael  Minges 
P.  Lincoln  Mitchell 
Arthur  R.  Morgan 
Albert  H.  Morrill 
Froome  Morris 

E.  S.  Morrissey 
Thomas  H.  Morrow 
Edward  P.  Moulinier 
Cliflford  L.  Mueller 
Fred  P.  Muhlhauser 
Walter  C.  Muhlhauser 
James  J.  Muir 
Albert  I.  Murdock 
Daniel  W.  Murphy 
Marion  Murphy 
Walter  D.  Murphy 
Walter  F.  Murray 

Louis  A.  Nathan 
Ben  B.  Nelson 
Hugh  L.  Nichols 
John  Nichols 
Herman  A.  Nieberding 

F.  E.  Niederhelman 
Alfred  K.  Nippert 
William  F.  North 

Paul  A.  O'Brien 
Robert  M.  Ochiltree 
John  G.  O'Connell 
Joseph  W.  O'Hara 
David  Symmes  Oliver 
Benton  S.  Oppenheimer 
Dudley  C.  Outcalt 
Miller  Outcalt 
W.  J  Overbeck 

Nathan  R.  Park 
Thomas  B.  Paxton 
Thomas  B.  Paxton,  Jr. 
John  W.  Peck 
Elliott  H.  Pendleton 
Buchanan  Perin 
Edward  F.  Peters 
Otto  Pfleger 
Carl  Phares 
Phineas  S.  Phillips 
Chauncey  D.  Pichel 
Louis  P.  Pink 
Eugene  C.  Pociey 


Province  M.  Pogue 
Thomas  L.  Pogue 
Geo.  T.  Poor 
Robert  C.  Porter 
Wm.  W.  Prather 
John  R.  Quane 
Harry  N.  Quigley 
Howard  N.  Ragland 
Gerrit  J.  Raidt 
Wm.  Wolcott  Ramsey 
Carl  S.  Rankin 
J.  E.  Rappoport 
Jas.  N.  Ramsey 
Raymond  Ratliflf 
L.  F.  Ratterman 
Charles  H.  Reemelin 
Edward  C.  Reemelin 
Horace  A.  Reeve 
Richard  Remke 
August  A.  Rendigs,  Jr. 
John  M.  Renner 
O.  J.  Renner 
J.  T.  Rhyno 
James  S.  Richards 
J.  S.  Richardson 
Adolph  Richter 
James  M.  Riddell 
Jos.  F.  Rielag 
William  J.  Reilly 
Burton  E.  Robinson 
Walter  E.  Robinson 
Henry  L.  Rockel 
Millard  F.  Roebling 
A.  B.  Roessler 
H.  Kenneth  Rogers 
John  C.  Rogers 
Joseph  Rohrer 
Anthony  Ronnebaum 
Charles  O.  Rose 
Simon  Ross 
Allen  C.  Roudebush 
Paul  P.  Rover 
H.  M.  Rulison 
G.  Albert  Rummel 
Moses  Ruskin 
Harry  A.  Rust 
Dennis  J.  Ryan 
John  P.  Ryan 
Walter  A.  Ryan 

John  W.  Sadlier 
Julius  R.  Samuels 
Milton  Sayler 
William  J.  Schick 
Charles  Sawyer 
Louis  B.  Sawyer 
Max  M.  Schiff 


John  R.  Schindel 
Walter  Schmitt 
Louis  Schneider 
Clarence  Schnieders 
Walter  M.  Schoenle 
David  P.  Schorr 
Ed.  D.  Schorr 
Herman  H.  Schrader 
Walter  W.  Schwaab 
Albert  W.  Schwartz 
Charies  W.  Scott 
Robert  M.  Scott 
Murray  Seasongood 
Harry  H.  Shafer 
Stanley  Shafer 
Frank  H.  Shafer 
Herbert  Shaffer 
Alberto  Calvin  Shattuck 
RoUa  L.  Shickner 
Murray  M.  Shoemaker 
Walter  M.  Shohl 
Chester  R.  Shook 
William  J.  Shroder 
Harold  J.  Siebenthaler 
Jacob  J.  Siegler 
August  A.  Siemon 
Geo.  H.  Silverman 
R.  E.  Simmonds,  Jr. 
Merrill  C.  Slutes 
John  Marshall  Smedes 
Charles  B.  Smith 
Clarence  M.  Smith 
Samuel  W.  Smith 
Starbuck  Smith 
Rufus  B.  Smith 
Arthur  R.  Spangenberg 
Otto  G.  Spangenberg 
Jackson  W.  Sparrow 
Arthur  M.  Spiegel 
Frederick  S.  Spiegel 
Harrison  E.  Stagman 
William  A.  Stark 
A.  E.  B.  Stephens 
Charles  H.  Stephens 
Charles  H.  Stephens,  Jr. 
E.  E.  Stephens 
James  G.  Stewart 
Benjamin  H.  Stites 
James  M.  Stone 
Henry  B.  Street 
Sidney  G.  Strieker 
Oscar  Stoehr 
Edward  W.  Strong 
Stanley  Struble 
George  Stugard 
Frank  Overton  Suire 
D.  V.  Sutphin 


60 


Fiftieth  Anniversary 


James  B.  Swing 
C.  L.  Swain 
Chas.  L.  Swain 

Robert  A.  Taft 
Thos.  L.  Tallentire 
Charles  Tatgenhorst 
Edward  A.  Tepe 
Charles  B.  Terry 
Albert  L.  Tischbein 
Edward  C.  Tischbein 
John  C.  Thompson 
Wm.  Thorndyke 
Walter  A.  Todd 
Joseph  C.  Topmueller 
Burton  Tuttle 
Wilfred  M.  Tyler 

Charles  H.  Urban 
Norwood  J.  Utter 


Thomas  Usher 
Frederick  O.  Valentine 
A.  J.  Valerio 
Harry  W.  Vordenberg 
Morison  R.  Waite 
Charles  A.  J.  Walker 
Almon  M.  Warner 
George  H.  Warrington 
Charles  E.  Weber 
Harry  R.  Weber 
Fred  Weiland 
Louis  Weiland 
Leo  Weinberger 
John  W.  Weinig 
Albert  L.  Weinstein 
John  J.  Weitzel 
Carl  G.  Werner 
Harry  J.  Wernke 
Fred  E.  Wesselmann 
Charles  B.  Wilby 


Joseph  Wilby 
Mitchell  Wilby 
Wm.  C.  Willging 
Charles  F.  Williams 
Floyd  C.  Williams 
Gideon  C.  Wilson 
Gordon  D.  Wilson 
Moses  Fleming  Wilson 
Albert  T.  Winkelmann 
Isaac  M.  Wise 
Frank  H.  Woesman 
John  W.  Wolfe 
Samuel  Wolfstein 
Wm.  R.  Wood 
D.  D.  Woodmansee 
Frank  Woodward 
David  J.  Workum 
Williams  Worthington 
Rogers  Wright 

Saul  Zielonka 


NON-RESIDENT  MEMBERS 


Harry  C.  Barnes 
Clarence  E.  Barton 
Thomas  Bentham 
Charles  Paul  Brown 
George  Buckland 
Byron  M.  Clendening 
Charles  Darlington 
Challen  B.  Ellis 
Wade  H.  Ellis 


James  D.  Ermston 
Geoffrey  Goldsmith 
Frank  D.  Goodhue 
Jacob  Chandler  Harper 
Thomas  T.  Heath 
Charles  M.  Hepburn 
Nathan  T.  Isaacs 
Eldon  R.  James 
Francis  Bacon  James 


Clarence  E.  Mehlhope 
Robert  H.  Parkinson 
Emery  C.  Pyle 
Constant  Southworth 
Philemon  B.  Stanbery 
Charles  P.  Stewart 
Walter  W.  Warwick 
William  G.  Williams 
Daniel  Thew  Wright 


